Il^li
LIBRA. HY
OF THE
Theological Seminary,
PRINCETON, N. J.
BX 9070 .C34 1842 v. 6
Calderwood, David, 1575-
1650.
The history of the Kirk of
Scotland
V
v\
CALDEEWOOD'S HISTORY
OF
THE KIRK OF SCOTLAND.
VOLUME SIXTH.
THE WODROW SOCIETY,
INSTITUTED MAY, 1841,
FOR THE PUBLICATION OF THE WORKS OF TnE FATHERS AND EARLY
WRITERS OF THE REFORMED CHURCH OF SCOTLAND.
THE
HISTORY 'H^Tfr^:
OF THE
KIKK OF SCOTLAND.
BY
MR DAVID CALDERWOOD,
SOME TIME MINISTER OF CRAILING.
EDITED FROM THE ORIGINAL MANUSCRIPT PRESERVED IN
THE BRITISH MUSEUM.
BY THE
EEV. THOMAS THOMSON.
VOLUME SIXTH.
EDINBURGH:
PRINTED FOR THE WODROW SOCIETY.
M.DCCC.XLV.
THE EDINBURGH PRtSTIXG COMPAXY,
12, South St David Street.
COOTENTS
OF
THE SIXTH VOLUME.
1600.
General Assembly,
Mr R. Wilkie chosen moderator, .
Preliminary proceedings, ....
Conference on the constitution of the Assembly
Dundee, .......
Arguments proving its invalidity, .
Corruptions of the Episcopal constitution.
On the union of Clerical and Civil offices.
Against Pluralities, .....
Arguments derived from Scripture,
Instances of the impropriety of this union.
Testimonies of the Fathers, ....
Intrigues of the court, ....
Act concerning voters in parliament.
Cautions against corruption, ...
General commission renewed.
Visitors appointed, .....
Acts,
Questions, .••....
Articles against Papists, ....
Union and division of parishes,
Accident to the king on returning from the Assembly,
VOL. VI.
held
at
1
2
ih.
3
ib.
ih.
4
6
7
11
12
16
n
18
21
22
23
24
25
26
il.
VI
CONTENTS.
East Kirk enlarged,
Lady Warriston beheaded, ......
The French ambassador's mass permitted,
Dearth and mortality, .......
The Earl of Gowrie returns to Scotland, and is killed at Perth,
The king's account of the alleged conspiracy, .
Thanksgiving at the Cross of Edinburgh for the king's delivery,
The Earl of Gowrie's brother's escape, ....
Deposition of James Wemes of Bogie, ....
Inconsistencies, ........
Apparitions, ........
Rejoicing at the king's return to Edinburgh, .
Mr Patrick Galloway's discourse,
The ministers of Edinburgh called before the council, and com-
manded to leave the town, .....
Mr William Rind tortured,
His deposition,
Deposition of Andrew Henderson, .....
Reasons of the people's doubting the king's account,
Commissioners from Synods summoned by the king,
Mr P. GaUoway's application of the 30th Psalm,
The king congratulated at Glasgow, ....
Meeting of the Synods,
Mr J. Melvill obtains the restoration of Mr John Dykes,
The ministers of Edinburgh summoned to appear at Stirling,
Three of them set at liberty,
Mr R. Bruce refuses to profess his satisfaction,
He is committed to ward,
His letter to his wife,
Conference between Mr R. Bruce and Mr T. Erskine,
Mr Peter Hewat's letter to Mr R. Bruce,
Mr R. Bruce's answer,
Mr J. Balfour, Mr W. Balcanqual, and Mr John Hall's letter,
Mr R. Bruce's answer,
Mr R. Bruce's letter to the Earl of Mar, ....
The Earl of Mar's answer,
Mr R. Bruce's departure prorogued, ....
Convention of Commissioners from Synods,
Three bishops chosen to vote for the kirk in parliament, .
Mr John HaU restored to his place, ....
Mr John Davidson's letter to Mr W. Balcanqual,
CONTENTS.
Vll
Mr R. Bx-uce's letter to the king.
Pie sets sail for France, .
A parliament,
Prince Charles born.
Proclamation against Papists,
Christmas kept at court.
1601.
Liberty of conscience proposed in council,
The ministers of Edinburgh return to their own houses,
The Synod of Fife,
Ambassadors sent to England,
A meeting of ministers of both parties,
Mr R. Bruce comes to England,
Bonniton and Laton put to an inquest,
A report that the king was to be killed,
A Synod of Lothian,
John Watt's death,
Bonniton executed,
Cornwall the officer hanged, .
General Assembly, . . . .
Mr John Hall chosen moderator,
Mr J. Melvill's letter to the Assembly,
Mr John Davidson's letter.
The king's promises, .
A fast appointed.
Causes of defection.
Remedies of the former evils,
The ministers of Edinburgh transported,
General Commission renewed,
Visitors appointed.
Acts, ....
The king's vows and protestations before the Assembly,
Mr John Davidson warded.
His ward changed, ....
Mr J. Davidson's letter to the king,
He is allowed liberty within his own parish.
The Earl of Mar returns to Scotland, .
Mr R. Bruce's letter to his wife,
Mr W. Balcanqual returns to his ministry,
Mr P. Galloway removed from court,
PAGE
97
D8
99
100
ib.
ib.
101
ib.
ib.
102
ib.
ib.
ib.
103
ib.
104
ib.
105
ib.
ib.
106
110
112
ib.
113
115
121
ib.
122
124
125
ib.
126
ib.
129
130
ib.
135
ib.
VIU
CONTENTS.
PAG E
Mr William Balfour executed for theft, . . . . 135
The Duke of Lennox sent ambassador to France, . . . 136
The 5th of August kept, ....... ih.
Mr R. Bruce comes to Berwick, . . . . . . ib.
Mr P. Simson's letter to Mr R. Bruce, . . . . . 137
!Mr R. Bruce confined in his own house, . . . . 1 38
The Synod of Fife ib.
Mr H. Bljth summoned, 139
Riots in the Lewes, ib,
1602.
A conference between Mr R. Bruce and some directed from the
king, .......... ib.
Instructions from his Majesty's commissioners directed to Mr R.
Bruce, .......
Mr R. Bruce's answer, .....
The king's third son born, .....
Letter from the commissioners of the General Assembly to the
Presbytery of St Andrews, ...... 144
Papists tolerated, . . . . . . . . . 145
A conference between the king and Mr R. Bruce, . . . 146
Mr J. Melvill's letter to the Synod of Fife, . . . . 149
Suspicion of a conspiracy, 151
The king's third son dies, ....... ib.
Mr J. Davidson's supplication, ...... 152
The king refuses it, ....... . ib.
A conference between the king, the commissioners, and Mr R. Bruce, 153
Mr A. Melvill confined, 157
A French ambassador ai'rives, ....
Mr R. Bruce urged with a voyage to the North,
Ministers summoned for neglect of the 5th of August,
F. Mowbray accused of treason, ....
A General Assembly,
Mr P. GaUoway chosen moderator,
Mr J. Melvill's protest, ....
The trial of the commissioners appointed to wait on the
Popish lords, .....
Trial of the commissioners for the constant plat,
Trial of the commissioners for visitation.
Planting of qualified ministers in needful places,
Trial of commissioners for visitation.
CONTENTS.
IX
PAGE
Trial of the commissioners of the General Assembly, . 164
Ministers appointed to wait on the Popish lords, . . 165
Their instructions, 166
Visitors appointed, 168
Edict, 170
The particular trial of pastors, 171
Trial of the congregation, ...... 172
Trial of presbytery, 173
The Grieves of the Synod of Fife, .... ib.
The Articles of the Synod of Fife, .... ib.
Answers to the petitions of the Synod of Fife, . . 175
The General Commission allowed, .... 177
Overtures of the commissioners of the plat to be advised
with his Majesty, 178
The king promises to stay pensions out of the thirds, . 180
Noblemen's sons forbidden to pass to suspected places, ib.
Mr R. Bruce enjoined to preach that which he had sub-
scribed, 181
Acts, 183
Mr J. Melvill's articles, 185
How to prevent the apparent dangers, .... 186
Mr R. Bruce urged to conform to the act, . . . . 1 88
Beltrie's letter to Mr R. Bruce, ...... 190
Mr R. Bruce returns to his own house, . . . . . 191
Mr R. Bruce's answer to Beltrie's last letter, . . . 192
Mr R. Bruce refuses to enter with injunctions, . . . 193
1603.
A combat appointed between F. Mowbray and the Italian, . 194
Mr D. Black's death, 195
Mr R. Bruce yet straitened with the act, .... ib.
His letter to the council of Edinburgh, ..... 196
He is ready to enter to his place 197
Mr J. Hall's letter to Mr R. Bruce, 190
Mr R. Bruce's answer, ........ ib.
Mr J. Hall's letter to Mr R. Bruce, 200
The commissioners intend a new course against him, . . ib.
His letter to the council of Edinburgh, . . . . 201
F. Mowbray's death, • . . 203
Great slaughter in Lennox, ....... 204
Huntly, Murray, and Argyle, reconciled, .... 205
The commissioners ordain Sir John Ker to be absolved, . ib.
CONTENTS.
PAGE
Their declaration against Mr R. Bruce, .... 205
Death of the Queen of En-land, 206
The council of England's letter to the king, .... ih.
The king proclaimed King of England, .... 210
The Presbjterv of Edinburgh's letter to Mr J. Davidson, . ib.
His answer, .......... 211
His letter to the king, 212
Mr Dickson's letter to Mr J. Davidson, . . . . 214
The king's harangue in the kirk of Edinburgh, . . . 215
Mr R. Bruce's last conference with the king, . . . 216
Papists, Formalists, and sincere Professors, have good hopes, 220
The king's letter to Mr Wilcock, ih.
The king's answers to the commissioners of the Synod of Lothian, 221
The king's journey to London, ...... 223
The king's entry to London, ....... ih.
The Recorder's oration, ....... ih.
The king's answer to M. de la Font, 228
A proclamation for peace between the two realms, . . . 229
Ambassadors from sundry countries, ..... 230
The pestilence rages at London, ...... ib.
The queen seeks to have the prince, ..... ih.
The prince's entry to Edinburgh, ...... 231
The queen and prince take journey to court, .... 232
The king's coronation, ........ ib.
A conspiracy discovered, ....... ib.
A letter from the South to Berwick, ..... 234
An advertisement of a loyal subject to his sovereign, . . 236
1604.
The conference at Hampton Court, ....
Mr P. Galloway's letter to the Presbytery of Edinburgh,
A note of such things as shall be reformed.
Articles to be subscribed by the clergy,
Mr J. Melvill's articles to the Presbytery of Edinburgh,
jSIacgregors hanged, .......
Hume Lieutenant, .......
A proclamation against Papists, .....
The ecclesiastical government of England confirmed.
The king's speech in the House of Lords,
Mr W. Balcanqual accused, .....
A convention of the commissioners of the General Assembly and
the commissioners from synods, ..... ih.
CONTENTS.
XI
The advice of the Synod of Fife given to the commissioners of the
General Assembly,
A pai'liament, ....
The pestilence in Edinburgh,
A parliament held at Perth, .
The General Assembly fenced.
The Synod of Aberdeen,
The Synod of Lothian, .
Articles of peace with Spain, .
The Synod of Fife, and commissioners from other parts,
Meeting of commissioners for the Union,
1605.
Officers of Estate changed,
Process of excommunication against Huntly stayed.
The commissioners pronounce sentence against Mr R. Bruce,
Chancellor Seton returns from court,
Mr J. Forbes sent to the king.
The Synod of Fife, ....
Mr J. Melvill's letter to the Synod of Fife,
A convention, .....
Mr R. Bruce forbidden to preach,
The Assembly of Aberdeen indicted,
Mr J. Forbes chosen moderator.
The council's letter to the brethren convened at Aberdeen
The Assembly continued till September,
The king's charge to dissolve the Assembly,
The Assembly dissolves.
Documents taken of obedience to the charge,
Mr J. Forbes and Mr J. Welsh warded.
The rest charged, .....
Other ministers warded in Blackness,
The holding of the next Assembly discharged,
A charge inhibiting the approbation of the Assembly at Aberdeen,
Mr R. Bruce warded in Inverness,
The warded brethren cited before the council,
Certain interrogatories presented by the council to the warded
ministers, ....
A short answer to the interrogatories.
The Abbot of Newabbey warded.
The proceedings of the Synod of Fife,
259
262
ib.
ih.
264
268
ib.
270
ib.
273
274
ib.
ib.
275
ib.
276
ib.
278
ib.
279
ib.
280
282
283
284
ib.
286
287
ib.
288
289
291
292
293
294
295
296
XU CONTENTS.
Mr J. Melvill's apology for the warded ministers, . . . 297
Their warrants from the Word of God, 300
Their warrant from the laws of the realm, .... 304
Their warrant from the custom and constitution of our kirk, . 311
The warded ministers' apology, ...... 322
The council's letter to the Presbytery of St Andrews, . . 333
Mr J. MelviU's answer, ....... 335
A proclamation, .......;. 338
The warded ministers summoned before the council, . . 342
The supplication of the ministers in ward to the Lords of Council, 345
The warded ministers' declinature, ..... 347
Their answer to the libel, ....... ib.
The Gunpowder Plot discovered, ...... 354
The king's speech in the parliament of England, ... ib.
A charge to put ministers to an assise, ..... 367
The Abbot of Newabbey released and banished, . . . ib.
The supplication of the Synod of Lothian, .... 368
The warded ministers' letter to the Presbytery of Edinburgh, ib.
1606.
The imprisoned ministers stand to their declinature at Linlithgow, 374
The proceedings before the justice-depute, .... 377
The trial of the assise 387
Five articles proposed to the synods, 391
Mr J. Melvill's letter to the Synod of Fife 393
The answers of the synod to the king's articles, . . . 396
A proclamation, ......... 397
A letter from the imprisoned to their brethren, . . . 401
Another letter from the same, 402
A declaration of the council, 419
A faithful report of proceedings concerning the Assembly at Aber-
deen, 437
The proceedings against the prisoners in Blackness, as penned by
themselves, 452
Eight ministers sent for to court, ...... 477
They resolve to go, . 480
The presentation of the bishops, ...... 481
Animadversions on it, . . . . . . . . 484
A parliament, 485
Protestation against bishops, ib.
Bishops ride at parliament, 493
CONTENTS. XIU
PAGE
The proceedings of parliament, 494
Act concerning the rojal prerogative, ..... 495
The oath of allegiance of the subjects of Scotland, . . . ib.
The constitution of the estate of bishops, .... 496
Verses and sonnets, 499
Reasons against bishops, 500
Reasons against the erection of bishops, penned by another, . 535
Informations given in to the parliament by the prisoners in Black-
ness, 539
The supplication, 548
Mr J. Forbes' letter to Mr R. Bruce 551
The ministers sent for to court advise with their presbyteries, 556
Mr G. Gladestains' falsehood, ...... 558
The eight ministers take journey to court, .... 559
Mr G. Gladestains' promise before his departure to court, . ib.
The eight ministers willed to stay at Westminster, . . ib.
Reasons wherefore they will not reason upon the heads of disci-
pline, 560
A letter of the imprisoned to the eight ministers, . . . 561
A letter of the imprisoned to the king, ..... 563
The eight ministers get presence, ...... 567
A conference between the king and the eight ministers, . . 568
Another conference, ... ..... 571
Mr J. MelviU urged to subscribe the information of the imprisoned
brethren, 578
The eight ministers called to the service in the king's chapel, 579
A conference between Mr J. Melvill and Dr Montague, . . 580
The eight ministers called before the Scottish council, . . 581
Dr King's sermon, ........ 582
A proclamation discharging ministers to pray for the imprisoned, 583
A proclamation against Papists, ...... 585
The eight ministers again called before the Scottish council, . 586
Articles which they were required to answer, . . . 587
A conference between the Archbishop of Canterbury and some of
the ministers, ........ 588
Mr J. Nicolson resolved to take a bishoprick, . . . 589
Mr J. MelviU's instructions to Ormeston, .... {^.
The eight ministers' expenses paid, ..... {^^
Dunbar refuses conference with them, ..... n,^
The six ministers banished, 5qq
The pestilence spreading, .... . 592
XIV CONTENTS.
PAGE
The eight ministers' answer to the three articles, . . , 591
The grievances given in bj the eight ministers, . . . 592
The grievances, and advice how to pacify the troubles of the kirk, 593
The exercise of the eight ministers, ..... 594
Their supplication to the king, 595
Their several wards designed, ...... 596
Three of them called before the council of England, . . 597
Mr A. Melvill's epigram, 599
The council of England's letter and warrant to the Dean of Paul's, ib.
Mr W. Cowper's letter lo the Bishop of Dunblane, . . 600
The convention of the ministry at Linlithgow, . . . 601
The king's letter to the Presbytery of Dunfermline, . . 602
A faithful report of the proceedings of the convention at Linlith-
gow, .......... 604
Mr James Nicolson chosen moderator, 606
Constant moderators proposed, ...... 607
Another report, . . . . . . . . . 610
Proceedings against Papists, ib.
For planting of kirks, . . . . . . . 611
For taking up the contentions among the brethren, . 612
The Act of Assembly as it was produced to the Synod of
Fife, . . . • 613
The names of the Moderators of Presbyteries, . . 622
The forgeries and mysteries of this act, ..... 624
The Presbytery of Edinburgh urged to accept the moderator, 627
Other presbyteries urged, ....... 629
The act adulterated at court, ...... ib.
Christmas kept by Dunbar and the Chancellor, . . . 630
1607.
A conference between Bishop Law and some of the eight minis-
ters, .......... ib.
A charge to accept the constant moderators 631
Mr J. Carmichael licensed to return, ..... 633
Invectives against the union, ...... ib.
The ministers charged again to go to bishops' houses, . . ib,
Mr J. Melvill's letter to Mr Ashley, 634
Mr Ashley's answer, ........ 635
The council's letter to the Bishop of Durham, . . . 636
The eight ministers use means for license to return, . . ib.
Their supplication, 638
CONTENTS.
XV
A conference between the Archbishop of Canterbury, Mr J. Mel-
vill, and Mr W. Scott, 641
Mr A, Melvill leaves the Dean of Paul's house, . . . 643
Presbyteries charged to accept the moderator, . . . 644
The Synod of Perth, 645
Mr William Row charged not to preach upon the king's matters, &c. ib.
His sermon displeases the commissioner, .... 646
The commissioner quarrels with the ministers of the synod, . 647
Lord Skoon threatens them, ....... 648
His abusive conduct, ........ 649
The commissions refused by the synod, .... ib.
Reasons against them, ........ 650
Disturbances in the synod, . . . . . . . 651
The members dismissed and the doors locked, . . . 652
They protest and dissolve the meeting, .... 653
St George's day solemnly kept, ...... ib.
Mr A. Melvill committed to the Tower, .... 654
His verses, 656
He is closely confined, ........ 657
His verses on the union, ....... ib.
The ministers of Fife hindered to hold synod, . . . 658
The Presbytery of Perth accept their moderator, . . . 659
Warrants for confining the ministers sent for to court, . . ib.
The copy of Mr J. Melvill's charge, ..... ib.
The ministers refuse the contributions of the English, . . 660
The General Assembly prorogued till November, . . . 601
The Synod of Fife convened at Dysart, .... 664
Mr J. Dykes' letter to Mr J. Melvill, ib.
Mr H. Livingston confined, ....... 666
Mr P.' Galloway appointed minister of Edinburgh, . . 607
Some of the imprisoned ministers come in the king's will, . ib.
Mr J. Melvill's license for a month, ..... 6G8
Mr J. Balfour's confinement changed, ..... ib.
Mr R. Howie placed in Mr J. Melvill's place, . . . ib.
A parliament, 669
Bishop Gladestains' sermon, ib.
Act for the Chapter of St Andrews, ..... 670
Mr J. Nicolson's death, . . . . . . . 671
The fifth of August kept, 672
The Synod of Lothian, ib.
They refuse to accept a constant moderator, . . . . 673
XVI
CONTENTS.
The Sjnod of Fife,
Mr J. Gladestains* violence,
They refuse to accept him as moderator.
The diet at Tlolyrood deserted,
Ministers confined and put to the horn,
The Synod of Fife discharged,
A priest made a spectacle,
The Synod of Lothian dissolved without a moderator.
The Synod of Merse and Teviotdale,
A meeting of the commissioners at Falkland,
The General Assembly prorogued,
Mr J. Melvill refuses preferment, .
Conference between the Secretary and Mr J. Melvill,
Maxwell and Makoneill break ward,
The General Assembly again prorogued.
Letters upon assignation denied to some ministers,
A vehement frost,
Appearance of a silver mine, ....
Mr A. Strachan's death, ....
1608.
Mr J. Murray warded in the Castle of Edinburgh,
Articles of his accusation, ......
His answer, .........
Mr C. Fairholm punished, ......
Bishops meet as commissioners of the General Assembly,
Gladestains' attempt against Mr J. Johnston,
Mr Howie challenged for corrupt doctrine,
Johnston slain, ........
Preparatives for an Assembly,
Bishops modify stipends at pleasure, ....
The craft and violence of the visitors,
Mr J. Law's menacing letter to the Presbytery of Jedburgh,
The edict sent by Mr James Law penned by himself,
Mr J. Abernethy's professions,
Mr D. Calderwood and others decline his visitation,
The declinature.
They are put to the horn,
Their reasons, ....
The ministers' offer of disputation.
Their reasons, ....
CONTENTS. xvn
PAGE
Mr J. Melvill's letter to the conference, .... 720
His letter to some of the ministers, 723
Mr D. Hume's letter to Mr James Law, .... 726
Mr J. Melvill refuses conference with the Bishop of Glasgow, 732
The conference at Falkland, ....... ib.
Articles agreed upon, ........ 734
Dunbar comes from court, ....... 735
The commission, . . ..... 736
Instructions to the commissioners of the ensuing General Assembly, 738
Islr J. Melvill's advice to the brethren, 739
Dr Downam's sermon sent to Scotland, 741
A confutation of it by Mr A. MelviH, ih.
His verses upon it, ........ 745
Mr D. Hume's letter to the Bishop of Orkney, . . . 746
The General Assembly held at Linlithgow, .... 751
Mr James Law chosen moderator, ..... ib.
Proceedings against Papists, 752
Commissioners'continued, ....... 754
Overture for reconciliation, . . . . . . . 755
Acts, 756
Huntly's offer rejected, 759
Other noblemen excommunicated, ...... 761
Causes of the increase of Papistry on the part of the ministry, 762
Overtures for remedying them, ...... 763
Causes of the growth of Papistry arising from others, . . 764
Overtures for remedying them, 765
Commissioners tried and continued, 769
Acts for reconciliation, 772
Acts for planting of kirks, 774
Insincerity of the bishops, 777
Mr J. MelviU's judgment of the Assembly, .... 778
George Sprott accused of being privy to the Gowrie conspiracy, ib.
His execution, 779
Mr J. Melvill delated by Mr Morton, 780
His letter to the Earl of Dunbar, 781
Conference between Mr J. Melvill, the Earl of Dunbar, and the
Bishop of Glasgow, ....... 782
Mr J. Melvill's letter to a friend, 783
Mr W. Scott's letter to Mr J. Melvill, 785
Mr J. Carmichael's letter to Mr J. Melvill, .... 786
Mattheeus Tortus spiteful against the king, .... 787
XVIU
CONTENTS.
Secretary Elphinston's trial in England,
His letter to the king, .....
Another letter, ......
Farther proceedings, .....
His letter to the king,
Copy of his submission, ....
The sum of the council of England's proceedings.
His justification, ......
His defence before the council,
The sum of the declaration subscribed by him,
He is sent back to Scotland,
Chancellor Seton, Provost of Edinburgh, changed,
An earthquake, ......
Mr A. Melvill induced to a slight acknowledgment
His verses on the occasion, ....
The convention delayed till December, .
Secretary Elphinston warded in Falkland,
Sir A. Drummond admitted Lord of the Session,
of a fault.
789
794
795
796
798
800
803
811
815
817
818
819
ib.
820
821
822
825
826
CALDEEWOOD'S HISTOPJE
OF
THE KIRK OF SCOTLAND.
M.DC.
THE * * * * GENEKALL ASSEMBLIE, HOLDIN AT MONTROSE.
The ordinarie Generall Assemblle was appointed at the last
Assemblle, to be holdin at Aberdeen the first Tuisday of Julie,
1599. But by the king's proclamatiouns, both the tyme and place
was changed, and now appointed to be holdin at Montrose, in
Marche, partlie becaus maters were not yitt weill dressed, but
cheefclie to the intent that the king might take the libertie of
conveenning from the kirk, which since the Reformation it had,
keeping Assembleis twise in the yeere, and oftener pro re nata ;
and to have it absolutelie in his owne power, that as the free
preaching of the Word was restrained, and summar excommuni-
catioun suspended at Perth and Dundie, and the church stripped
naiked of her cheefe armour, so now, she might be altogether taikin
and led captive, by procuring, that ather no Generall Assemblle sould
be at all, or suche onlie as sould be dressed to prosecute the pur-
pose in hand, and so to undoe the kirk by her self, that is, by suche
conventiouns, as sould beare the name of Generall Assembleis.
VOL. VI. A
2 calderwood's nisTORiE 1600.
Diverse meetings were keeped at diverse tymes and places, with
suche of the ministrie as were nominated by the synods ; as at
Falkland, in August ; at St Andrews, at Halyrudhous, at Brunt-
iland. But the king and the commissioners not finding the suc-
cesse they looked for, the Assemblie was prorogued to be keeped
at Montrose, and was holdin there upon the 28th of Marche.
Exhortation being made by Mr Peter Blekburne, moderator of
the last Assemblie, Mrs Robert Bruce, Patrik Galloway, Robert
Wilkie, Patrik Schairp, James Melvill, and Patrik Simsone, being
putt on the leits, Mr Robert Wilkie, by pluralitie of votes, was
chosin moderator.
Mr Peter Blekburne delivered verie good doctrine before noone,
but was brought in effect to recant it after noone, before the whole
Assemblie : a great step from a precise honest minister, to a bishop
of the new stamp, which he tooke on the yeere after. The king
was occupyed, after his wounted maner, with the commissioners.
They putt a number of brethrein of greatest estimatioun upon the
leits, whereby the ringleaders in voting w^ere removed, the votes of
the sincerer sort divided ; whereas these that were sett for the king
layed all their votes upon one. Their nixt policie was to putt the
cheefe of the whole Assemblie upon the conference there, to
reasoun upon their propositiouns, thereby to know what to bring
in publict, and how. In the conference, first, was intended, a
treatie for uniforme consent and agreement in opiniouns, as if there
had never beene occasioun of greefe ministered by informalitie and
iniquitie in their proceedings. It was thought good that foure of
the one opinioun, and foure of the other, sould goe apart to conferre ;
upon hope, that upon their agreement would follow an universall
agreement. For the king's side were chosin, Mr George Glaidstains,
Mr James Nicolsone, Mr Robert Howie, Mr Alexander Douglas ;
and Mr Johne Spotswod to be their scribe : for the other side, Mr
Patrik Schairp, Mr Patrik Simsone, Mr James Melvill, Mr David
Barclay ; and one to be their scribe. They were commanded to
putt their reasons in writt, and to report them to the Assemblie.
They beginne to reasoun the mater ah ovo, to defyne a parliament,
1600. or THE KIRK OF SCOTLAND. 3
and what It is to vote in parliament. The king hearing of it, dis-
charged them to meddle with that point. These eight spent the
tyme verie fruictfullic, a whole afternoone tide. The foure that
stood for the established discipline were verie plaine, squair, and
compendious, after protestatioun before God for secrecie. And,
indeid, some good was expected. But the day following, when
the foure standing for the established discipline were readie to
continue, the king would have the reasouning before himself, and
certan of the counsell, in the privie conference. So the questioun
was reasouned at lenth, whether vote in parliament, as it was
offered to the kirk in the statute made last theranent, sould be
accepted or not. The brethrein who stood for the established
discipline brought manie reasons to prove, that it was directly
against the Word of God. The arguments that were used could
not be denyed, but were in effect granted, seing they were doing
that in effect which they were denying. The minute of the con-
ference followeth : —
That the constitution of the Generall Assemhlie holclin at Dundie
1598, taikin as it is meanedj after the mind of theforesett doun act of
-parliament^ isjiatt repugnant to the Word of God.
Argument 1. Antichristian and Anglican episcopall digniteis,
offices, places, titles, and all ecclesiasticall prelaceis, are flatt repug-
nant to the Word of God, Luke xxii. ; 1 Tim. iii. ; Tit. i. ; 1 Peter
V. ; Matt, xxiii., &c.
But suche is that which is set doun in the act of parliament fore-
placed, and meaned in effect, by the constitutioun of the said
Assemblie: Ergo —
Answered, That all corruptiouns of these bishopricks are damned
and rejected ; and as to the act of parliament, it was alleged to be
formed and sett doun by the invyers of the kirk's weale, of purpose
that the benefite might be refused, and the kirk to ly over in the
old miserie and contempt.
Ai^g. 2. That the ministers of God, separated from the coramoun
effaires of the world, sanctified and consecrated to the ministrie of
God's worshipping, and salvatiouu of his people, sould turne again
4 calderwood's iiistoeie 1600.
to the world, and beare a commoun office and charges therin, and
effaires therof, is flatt repugnant to the Word of God.
But so it is, that this constitutioun will impone that on the minis-
ters of God : Ergo —
The propositioun is proved by thir places following : — Numb,
iii. 44, 45, " And the Lord spake unto Moses, saying, Take the
Levits, for all the first-borne of the childrein of Israel, and the
Levits sail be myne : I am the Lord." Numb, xviii. 6, " For, loe,
I have taikin the Levits from the childrein of Israel, which as a
gift are glvin to the Lord, to doe the service of the tabernacle of
the congregation." Deut. x. 8, " The same tyme the Lord sepe-
rated the tribe of Levi, to beare the arke of the covenant of
the Lord, to stand before the Lord, to minister unto him, and to
blesse in his name, unto this day." Deut. xviii. 12, " The preests
and Levits sail have no part nor inheritance with Israeli : For the
Lord is their inheritance, as he said unto them." Acts xiii. 2,
" Now as they minlstred unto the Lord, and fasted, the Holie
Ghost said, Seperat me Barnabas and Paul, for the worke wher-
unto I have called them." Rom. i. 1, " Paul, a servant of Jesus
Christ, putt a part to preache the evangeU of God."
The assumptioun is proved by the act of parliament, where,
unto the ministrie is adjoyned, an office to be givin by the king,
called the office and dignitie of a bishop, or ecclesiasticall prelat.
And in the constitutioun of the Assemblie, it is determined to be
a mixed qualitie, partlie or halfe civill, halfe ecclesiasticall. This
argument was answered, by denying the assumptioun, and so, the
act of parliament and conclusion of the Assemblie ; and plainlie
declared, that they sould beare no commoun office nor charge in
things civill.
Arg. 3. That the ministers of Christ sould be distracted from
preaching of the Word and doctrine, is flatt repugnant to the
Word of God. But this office of a bishop voting in parliament
will distract, &c. : Ergo —
Luke V. 59, Christ says to one, " Follow me ;" who answered,
*' Lett me first goe burle my father." Christ answered, " Lett
1600. OF TUE KIRK OF SCOTLAND. 5
the dead goe buiie the dead, and goe thou and preache the gospell
of the kingdome of God." Another says, " Maister, I will follow
thee, but lett me first goe take order with my house." Christ
answered, " No man putting hand to the pleuche, and looking backe,
is meete for the kingdom of God." Deut. xxxiii. 8, " And of Levi
he said, Lett thy Thummim and thy Urim be Avith thy Holie One,
saying to his father and his mother, I have not seene him ; nather
knowes he his brethrein nor his owne childrein, but observes thy
word, and keepes thy covenant. They teache Jacob thy judge-
ments, and Israel thy law : they putt incense before thy face, and
burnt-offerings upon thyne altar." Acts vi. 2, " Then the twelve
called the multitude of the disciples together, and said. It is not
meete that we sould leave the Word of God, and serve the tables."
The argument takin from these places concluded stronglie. For
if these most necessar, naturall, oeconomick, yea, and ecclesiasticall
offices, soidd not distract from the preaching of the Word, muche
lesse sould civill effaires and offices have place to distract. To the
which it was answered, that they sould not be distracted, but
necessarilie imployed in preaching of the Word and doctrine, at
these solemne and commoun tymes, for the weale of the whole
kirk and commoun weale.
Ar^. 4. Whosoever are in tyme and out of tyme, day and night
to be occupyed in the businesse of their calling, sould be freed, and
have immunitie from all other turnes. But so ought, and are the
pastors of the kirk to be occupyed : JEr(/o —
1 Chron. ix. 33, " These are the cheefe fathers of the Levits,
abiding in the chambers of the temple, exeemed from worldlie
turnes, becaus day and night the worke of the temple lay on them."
2 Tim. iv. " I attest thee before God, and the Lord Jesus Christ,
who sail judge the quicke and the dead at his appearance and king-
dom ; preache the Word, be instant in tyme and out of tyme,
convict, reprove, exhort, with all long-suffering and doctrine.
Watche in all, suffer adversitie, fulfill thy ministrie." 1 Tim. iv.
15, 16, " Take care of thir things ; be occupied in thir, that the
furtherance may be manifest to all men. Take heed to thy self,
6 calderwood's histoeie IGOO.
and to the doctrine ; abide or remaiue therupon. For in doing so
thou sail save both thy self and them that heare thee." John xxi.
15, 16, 17, " So when they had dyned, Jesus said to Simon Peter,
Simon, Sonne of Jonas, loves thou me more than these ? He said
unto him, Yea, Lord, thou knowes that I love thee : he said unto
him, Feede my lambes," — and so thrise. Acts xx. 20, " I preached
publictlie, and through everie house I wairned everie one night and
day, -with teares."
Answere to this was. They sail be occupied in nothing by their
calling.
Arg. 5. To make the charge of soules so light, that therewithall
another may be joyned and borne, is direct against the Word of
God. But, &c. ; Ergo —
Ezech. xxxiv. 1, &c. " And the word of the Lord came unto me,
saying, Sonne of man, prophecie against the pastors of Israel, and
say unto them, Thus sayeth the Lord God, Woe be unto the
pastors that feede themselves : Sould not the sheepheard feede
the flocke ? Yee eate the fatt, and clothe you with the wooU,
but yee feede not the flocke. The weake yee have not strenth-
enned, the sicke ye have not healed, nather have yee bound up
the brokin, nor brought again that w^hich was drivin away, nather
have ye sought that which was lost, &c. They were scattered
without a sheepeheard, and the sheepe wandered," &c. Zachar.
xi. 17, " O, idle sheepeheard, that leaves the flocke, the sword sail
be upon his arrae, and upon his right eye ; his arme sail be cleane
dryed up, and his right eye sail be utterlie darkened." Acts xx.
20, " I keepe backe from you nothing, but have shewed you,
and taught you openlie, and through everie house." 26. "I take
you record this day, that I am pure from the blood of all men."
28. " Take heed unto yourselves, and to all the flocke wherof the
Holie Ghost has made you overseers, to feede the kirk of God, which
he has purchassed with his owne blood." 31. " Therefore watche,
and remember, that by the space of three yeeres, I ceassed not to
wairne everie one, both night and day, with teares." 1 Pet. v. 2,
" Feede the flocke of God, cairing for it with a readie minde."
1600. OF THE KIRK OF SCOTLAND. 7
8. " Be sober and watche, for your adversar the devill goes about
like a roaring lyoun, seeking whom he may devoure." 2 Corin.
ii. 15, " For we are unto God the sweit savour of Christ in them
tliat are saved, and in them that perish." 16. " To the one, we
arc the savour of death unto death, and to the other the savour of
life unto life. And who is sufficient for these things ?" 17. " For
we are not as manic, which make merchandice of the Word of
God ; but as of God, in the sight of God, we speeke in Christ."
Heb. xiii. 17, " Obey your guides, and be subject to them ; for they
watche over your soules, as suche as sail give a compt for them."
The answere was, by denying the assumptioun ; and so, as in all
other answeres, in effect denying the thing they were doing.
Arg. 6. The jumgling and confounding of jurisdictiouns and call-
ings which God has distinguished in persons, and maner of hand-
ling, is against the Word. But so it is, that this constitutioun
imports that, expresselie terming their office to be of a mixed qua-
lltie : Ergo —
Numb, xviii. 4, 7, " Yee sail keepe the charge of the tabernacle
of the congregation, for all the service of the tabernacle, and no
strangers sail come neere to you. The stranger that cometh neere
sail be slaine." The ministers then of God's service, and the civill
administrators, are strangers one to another, and sould not be con-
founded, under paine of deathe.
2 Chron. xix. " Behold, Amariah the preest sail be cheefe over
you, in all maters of the Lord ; and Zebadiah, the sonne of Ismael,
a ruler of the house of Judah, sail be for all the civill efFairs."
Matt. xxii. 21, "Give unto Caesar that which is Cjesar's, and to
God which is God's." Deut. xxii. 9, 10, 11, " Thou sail not sow
thy vineyaird with diverse kinde of seeds, least thou defile the in-
creasse of the seed which thou hast sowin, and the fruict of the
vineyaird. Thou sail not plew with an oxe and an asse together.
Thou sail not w^eare a garment of diverse sorts, as of wooU and
fyne linnen together."
This was answered, by a denyall of jumgling and confusioun, but
witb a granting of conjoyning and conjunctioun ; and so, all one.
8 calderwood's historie 1600.
and bewraying of the purpose which they seemed before to deny,
viz. to conjoyne a civill office with an ecclesiastick.
Arg. 7. That the officers of Christ's kingdom sould meddle with
things not perteaning thereto, is aXXoro/sOTffpcocrs/i', against the Scrip-
ture, 1 Peter iv. 15. But politick and civill offices are suche :
Err/o —
Johne vi. 15, " Jesus then knew that they were to come and
take him, and make him their king]; he withdrew himself to the
mountaine alone." Johne xviii. 36, " Jesus answered and said unto
Pilat, My kingdom is not of this world." Lucke xii. 13, 14, " One
of the multitude said unto him, Maister, speeke to my brethrein,
that they may divide the heritage with me. He said unto him, O
man, who made me judge or parter over you ?" Johne viii. 11,
" Jesus said to the adulteresse, Nather doe I judge thee : goe, and
sinne no more."
It was answered, That the spirituaU and civill functiouns differed
not in subject, but in maner, and forme of handling and treating of
one and the same subject, to diverse ends ; and that Christ's offi-
cers sail be urged to handle civill things no otherwise but spiritu-
allie.
Arg. 8. That Christ's ministers sould beare worldly pre-emi-
nence, bruike ambitious styles, and be called iui^yirat, gratious
lords, is against the Word of God. But this constitution will per-
mitt, yea, and make them so to doe : Ergo —
Matt, xxiii. 6, " The Scribes and Pharisees love 'rrporoy.'kieiav, and
'TrooToxadid^iav, in the synagogues, and salutation in the mercat, and
to be called, Eabbi. But be yee not called Eabbi ; for ye have a
Maister, Christ, and yee are all brethrein, &c. Lett him that is
great among you be servant ; for whosoever will lift himself up
sail be cast doun, and he that will dimitt himself sail be lifted up."
Lucke xxii. 25, " There entered a contentioun among them, who
sould be the most, or the greatest. But he said unto them. The
kings of the nations beare rule over them, and are called gratious
lords, sus^yirai. But be yee not so. But he that is most among
you, lett him be as least ; and he that is the guide, as the servant."
1600. OF THE KIRK OF SCOTLAND. 9
Matt. XX. 26, " But it sail not be so among you ; but whosoever
will be great among you, lett him be your servant."
To this was ansAvered, That this which they were about to doe
sould nather permitt, nor make worldly pre-eminence, nor ambi-
tious styles.
Aj-g. 9. That the souldiour of God sould be involved in the
efFaires of this life, is flatt repugnant to the Word of God. But
this will involve him : Ergo —
Num. iv. 3, " From thirty yeere old and above, unto fifty yeere,
all that is meete to take on this warefare, to doe the worke, in the
tabernacle of the congregation." 2 Tim. ii. 3, 4, " Thou, therefore,
suffer afflictioun, as a good souldiour of Jesus Christ. No man
that warreth entangleth himself with the effaii's of this life, that
he may please him who has chosin him to be a souldiour," &c.
Answered, They sail not be involved, nor sould not, by the na-
ture of their calling.
Arg. 10. The magistrats and civiU rulers preache not the Word,
nor minister sacraments, nor exercise spirituall discipline, acknow-
ledging these things impertinent to their functioun : Ergo, Nather
sould ministers make civill lawes, nor judge and rule conforme
thereto.
Answere, It was not meaned by that voting in parliament, that
the ministers sould use judicatour civill, or anie part of the magis-
trat's office; for that the king was onlie judge in the parliament,
and the estats gave but their advice.
Arg. 11. That which wants both precept and exemple in the
Evangels, Acts, and Epistles of the Apostles, and the whole his-
toric and writtings of the Christian kirks, till almost eight hundred
yceres after Christ, and at what tyme the Pope came to that
shamelesse usurpatioun of both the swords, and sett himself in the
chaire of pestilence and pride, treading on the neckes of emperours
and kings, &c., is no wise to be admitted or suffered in our re-
formed kirks, (fee. But so is this new office of a mixed qualitie :
Ergo —
For answere to this were brought furth exemples of the Old
10 CALDERWOOD's IlISTORIE 1600.
Testament, Melchisedeck king and preest, the governeraent of the
kirk in the famileis of the patriarches ; Item, Moses and the Levits,
■who were appointed judges and interpreters of the law throughout
the land. To this, replyed : Melchisedeck, Moses, nor the High
Preest, can not be exemples for the evangelicall ministrie, being
types of the head and soveran King and High Preest, the Lord
Jesus Christ. Also, Moses and Aaron were brethrein indeid ; but
after Aaron's consecratioun, boore distinct offices, showing us, that
the ecclesiastick and civill rulers sould live as brethrein, but everie
one to be about their owne office and calling, for others' mutuall
weelefare. As for the governement of the famileis, there was
another reasoun therof, than of citeis and commoun weales ; in
so farre as he that rules his familie rules but himselfj but who
rules a citie and commoun wealth governes manic famileis. There-
fore, Aristot. 1 Polit. makes an essentiall difference betuixt the
administratioun of a republick and familie. And, finallie, as for the
Levits, they represented no ecclesiastick evangelick office. And
concerning these that were appointed * * * * called in the
Gospell 7ga/A/xa7=/s, if they represented anie office under the Evan-
gell, it was the office of Doctors. So that thereby the doctors
sould be a2:)pointed voters in parliament.
Arfj. 12. The subject of the office of a minister, and of a civill
worldlie office, are diverse and contrare ; therefore, cannot be
occupyed in both.
Rom. viii. 5, 6, 7, " They that are after the flesh, savour the
things that are of the flesh ; but they that are after the Spirit, the
things of the Spirit. The wisdom of the flesh is death, but the
wisdom of the Spirit is life and peace. The wisdom of the flesh is
inimitie against God ; it is not subject to the law of God, nather
indeid can be." 1 Cor. ii. 12, " We have not received the spirit of
the world, but the Spirit which is of God, that we may know the
things that are givin to us of God. But the naturall man per-
ceaves not the things of the Spirit of God : for they are foolish-
nesse to him, nather can he know them ; for they are spirituallie
discerned," 1 Johne ii. 15, 16, "Love not the world, nor the
1600. OF THE KIEK OF SCOTLAND. 11
things that are in the world. If anie man love the world, the love
of the Father is not in him. For all that is in the Avorld, (as the
lust of the flesh, the lust of the eyes, the pride of life,) is not of the
Father, but of the world : and the world passeth away, and the
lust therof. But he that fulfiUeth the will of God abideth for ever."
It was answered. That this argument was against worldlie, un-
christian, and unsanctified civill oflSces.
Eeplyed, That manie alledged Christian were more impious and
unjust than the Persian, Grecian, and Roman.
Arg. 13. The maner of doing of the one is in like maner adverse to
the other, as is evident of the same places, and manie other : JErffo —
And heere was pertinentlie used the Apologue of -^sop, anent
the colyear and the waker, wherof the colyear desired to dwell be-
side the waker, alledging manie commoditeis that might come to
both. But the waker, weill advised, refused altogether ; " For it
is not possible," sayes he, " but thy occupatioun will marre myne ;
for thou makes blacke, and I make whyte."
Arc/. 14. Their ends are also contrare ; the ministers' office be-
ing to fish men out of the sea of this world unto God, which they
can not doe, if they ly plunging in the world themselves. Thus
said Christ to his disciples, Peter, Johne, &c., " Follow me, and I
will make you fishers of men."
Arff. 15. The experience of the kirk in all ages, since that cor-
ruptioun entered in, and, namelle, in our owne age, not onlie among
the Papists, but in our nighbour land of England, and among our
selves, cleerelie proves and loudlie cryes, that it is not possible that
they can stand together. Therefore, the Queeue of England's
dictum is, when she makes a bishop, " Alas ! for pitie, for we have
marred a good preacher to-day !" And what gappes our bishops
have beene in Scotland, and are, the whole countrie knowes. The
experience also of godlie pastors teacheth them this, when they
have beene but never so little, and of necessitie occupyed in the
world, how hard it is to gather themselves again, and gett the
heart sett toward God, and their spirituall dueties and actiouns.
Qui ambulat in sole^ coloratur ; qui tangit picerrij inquinatur ; quifre-
12 calderwood's historie IGOO.
quentat aulam et curiam, prqfanatur. Forum pontificis, Petrum ad
Cliristi ahiegationem adegit. Quce est corporum constitutio, ea est, et
morum. Circumposito cBre, calklo calescimus ; et rursus, frigido fri-
gescimus. Sic cum Sanctis^ sanctus eris ; cum perversis, perverteris.
Matt. vi. 24, " No man can serve two maisters. Ather sail he
hate the one and love the other, or cleave to the one and despise
the other. Yee can not serve God and Mammon."
Arg. 1 6. Nature and the same experience has dy ted the axiome
and proverbe. One office for a man is eneugh ; and manie yrons in
the fire some will coole. Therefore, the wise men in nature, Plato
and Aristotle, in their republicks, sett doun the same, hg rr^og h ;
and banishe therefra, oQiXia-/.oXu^viov, and doovd^sTavov, instruments serv-
ing for moe uses at once, as unprofitable, and that 8pill_ things, &c.
Now, if in a civill commoun weale, by the light of nature m suhjecto
homogeneo, one turne and office is eneugh for a man, surelie it is no
wise convenient nor possible, that in subjecto heterogeneo, viz., both
in kirk and commoun weale, one man can beare two offices.
Ai-g. 17. That which has beene as a pest eshewed, straitlie for-
bidden by acts, and stoutlie stood against in publict doctrine, and
at all Assembleis since the first planting of the sinceritie of the
Gospell within the realme, sould not now, by perswasioun and
moyen of court, be brought in within the kirk : But suche is this ;
Ergo —
The acts of our Generall Assembleis forbid a minister to joyne
with his ministrie the office of a notar, husbandrie, or labouring of
land, ostlarie, &c., under paine of depositioun.
Thcod. Beza ad Knoxium, Epist. 79. — "Sedetistud (mi Knoxe)
te caeterosque fratres velim meminisse, quod jam oculis pene ipsia
observatur : sicut episcopi Papatum pepererunt, ita, pseudo-epis-
copos papatus reliquias epicureismum terris invecturos. Hanc
pestera caveant, qui salvara ecclesiam cupiunt. Et cum illam e
Scotia in tempore profligaris, ne, qu£eso, illam unquam admittas,
quantumvis unitatis retinendte specie (quae veteres etiam optimos
multos fefellit) blandiatur."
Arg. 18. And last, The judgement of the fathers and doctors of
IGOO. or THE KIRK OF SCOTLAND. 13
the kirk, ancient and moderne, old, new, Tertulllan, Cyrillus, Prl-
masius, Ambrosius, &c.
Tertull. de Idolatria, cap. 18 " Si potestatem nullam ne in
suos quidem exercuit Christus, (quibus sordido ministerio functus
est ;) si rcgem so fieri (conscius sui regni) refugit ; plenissime
dedit formam suls, de rejlciendo omni fastiglo et suggestu, tarn
dignitatis, quam potestatis. Quis enim magis his usus fuisset,
quam Dei fillus ? Quales enim fasces producerent ? Quale aurum
de capite radiaret ? nisi glorlam seculi alienam et sibi et suis judi-
casset. Ideo, qua3 noluit rejecit, qu£e rejecit damnavit, quse dam-
navit in pompa diaboli, deputavit."
Cyrillus, in Joan., lib. iii. cap. 20. — " Honor et gloria mundi
fugienda sunt, lis qui volunt gloriam Dei consequi."
Primasius, in 2 Tim. ii. — '' Comparatione milltum utitur, ut os-
tendat multo magis, nos a negotiis secularibus liberos esse debere,
ut Christo placeamus, si etiam seculi mllites a reliquls seculi acti-
bus vacant, ut possint regl suo placere."
Ambrosius, in Epist., 2 Tim. ii. — " Ecclesiastlcus autem idcirco
Deo se probat, ut huic devotiis officium im pleat, quod spopondit in
Dei rebus sollcltus a seculari negotio alienus. Non enim convenit
unum, dupllcem habere professlonem."
Bernard, de Consider., lib. ii. cap. 4. — " Apostolis interdicitur
dominatus. Ergo, tu usurpare aude, aut dominus apostolatum, aut
apostolus dominatum. Plane ab utroque prohiberls. Si utrumque
simul habere voles, perdes utrumque." Idem, "Non monstra-
bunt ubi quisquam apostolorum allquando judex sederit homlnum,
at divisor terminorum, aut destributor terrarum. Stetisse denique
lego apostolos judlcandos, sedlsse judicantes, non lego."
Can. Apost., Can. 80. — " DIcimus, quod non oportet episcopura
aut presbyterum publlcis se administrationibus immittere, sed
vacare, et commodum se exhibere usibus ecclesiasticls. Animam
igitur inducito hoc non facere, aut deponitor. Nemo enim potest
duobus dominis servire."
Vid. Gregor., lib. i. JEpistolarum, Epist. 5, ad Theotlstam, Im-
peratoris sororem.
14 calderwood's iiistopje 1000.
Sy7iod. Nicen. Can.^ Syla et Constant. — " Nemo, clericus, vel
diaconus, vel presbyter, propter causam suam quamlibet in tret in
curiam, quoniam oranis curia a cruore dicta est. Et si quis cleri-
cus in curiam introeat, anathema suscipiat, nunquam rediens ad
matrem, ecclesiam."
Damasus et Condi. Neocces. et Antioch., anno 371. — "Episcopi
qui secularibus intenti, curis greges cliorepiscopis vel vicariis com-
mendant, videntur mihi meretricibus similes, quae statim ut pari-
unt, infantes suos aliis nutricibus tradunt educandos, quo suam
citius libidinem explere valeant. Sic et isti infantes suos, (populos
sibi commis'sos) aliis educandos tradunt, ut suas libidines expleant.
Pro suo libitu secularibus curis * « * et quod unicuique
visum fuerit, liberius agant. Pro talibus enim, anim^e negliguntur,
oves pereunt, morbi crescunt, hjereses et schismata prodeunt, de-
struuntur ecclesiie, sacerdotes vitiantur, et reliqua mala proveniunt.
Non talitur Dominus docuit, nee apostoli instituerunt. Sed ipsi
qui curam suscipiunt, ipsi peragant, et ipsi proprlos manipulos
Domino reprtesentent. Nam ipse ovem perditum diligentur quaj-
suit ; ipse invenit, ipse propriis humeris reportavit ; nosque id
ipsum facere perdocuit. Si ipse pro ovibus tantam curam habuit,
quid nos miseri dicturi sumus, qui etiam pro ovibus nobis com-
missis curam impendere negligimus, et aliis eas educandas tradidi-
mus ? Audiant quaeso quid beatus Jacob dixerit, socero suo : ' Vi-
ginti annos fui tecum. Oves tute, et caprae tuae, steriles non
fuerunt : arietes gregis tui, non comedi, nee captum a bestia,
ostendi tibi. Ego damnum omne reddebam ; et quicquid furto
perierat, a me exigebas. Die noctuque astu urgebar, et gelu ;
fugiebat somnus ab oculis meis.' Si ergo sic laborat, et vigilat, qui
pascit oves Laban, quanto labore, quantisque vigiliis debet inten-
dere, qui pascit oves Dei ? Sed in his omnibus nos instruat, qui
pro ovibus suis dedit animara."
Synod. Carthag. — '■'■ Ut episcopus nullam rei familiaris curam ad
se revocet, sed ut lectioni, et orationi, et verbo praedicationis tan-
tummodo vacet."
Synod. Caked. (Ecumenica, Confess. 15. — " Ne episcopi, clerici,
IGOO. OF THE KIRK OF SCOTLAND. 15
et monaclii, rebus se politicis implicent, aut prjedia aliena condu-
cant." Sexta Univers. Synod. Constant. Can. 80.— " Episcopis non
competere ecclesiastlcum, et politicam eminentiam. Episcopus,
aut presbyter, aut diaconus, militiaj vacans, et volens utrumque
principatum Eomanum, et sacerdotalem dignitatem, deponitor.
Nam quie Caesaris sunt Caesari, et quje Dei Deo."
Ex Epistola Consilii Africani ad Papnm Coelestinum. — " Execu-
tores etiam clericos vestros quibusque potentibus, nolite mittere,
nolite concedere, ne fumosum typhura seculi in ecclesiain Christi,
quae lucem simplicitatis et humilitatis diem Deum videre cupienti-
bus prasfert, videmur inducere."
Synod Macrens. — " Nee rex pontificis dignitatem, nee pontifex
regiam potestatem, sibi usurpare pra3sumat. Sic actionibus pro-
priis dignitatibusque a Deo distinguuntur, ut Christiani reges pro
a3tenia vita pontificibus indigerent, et pontifices pro temporalium
rerum cursu regum dispositionibus uterentur, quatenus spiritualis
actio a carnalibus distaret iucursibus. Et ideo, militans Domino
minime se negotiis secularibus implicaret, ac vicissim, non illi
rebus divinis praasidere videntur."
Synod. Roman., an. 1215. — " Universis clericis interdicimus, ne
quis prffitextu ecclesiasticae libertatis, suam de cfetero jurisdictionem
extendat in prjejudicium justiti^ secularis ; ut quae sunt Cajsaris
reddantur Caesari, et quaj sunt Dei Deo."
Calvinus in Ejnst. ad Tim. 2. — " Semper pastorem meminisse
oportet veteris proverbii, ^ Hoc age ;' quod significat ita serio in-
cumbendum esse peragendis sacris, ut studium ejus et intentionem
nihil aliud impediat."
Martyr, in loc. com., Class. 14, cap. 13. — "Distingui oportet has
functiones civills et ecclesiastica, quia utraque earum seorsim totum
hominera requirit, imo, vix ullus unquam repertus est, qui alter-
utram recte obire posset. Adeo est difficilis vitraque provincia."
*' Bohemi quatuor articulos Basiliensi synodo proponunt, quorum,
secundus est de civili dominio quod interdicitur clericis divina lege
dicebant." Gesner. de Synodis.
16 cAlderwood's historie IGOO.
Of these and the like places, the ancients and neotericks are full
and cleere, when ever they treate of this mater.
These arguments being so strong, and in effect all granted, the
mater not succeeding as the king and commissioners looked for,
they went another way to worke ; to the end they might obteane
a ratificatioun of the articles agreed upon by ^the commissioners
sent from the synods, and the perpetuitie of the commissioner voter
in parliament, they used diligence, craft, and authoritie. Diligence,
for from the king's rysing earelie at morne, till he went late to
bed, he was so bissie with ministers, that the courteours complean-
ed heavilie they could gett no accesse. As for authoritie, it
kythed manie wayes, speciallie in the last moderator's recantatioun,
and commanding Mr Andrew Melvill to keepe his loodging, how-
beit he was sent in commissioun from his presbyterie. When he
was called for to the king, and demanded in privat, why he was so
troublesome ? wherefore came he to assembleis, being discharged ?
he answered, he had a calling of the kirk, which it behoved him to
discharge. The king threatned him ; but he putt his hand to his
craig, and said, " Sir, take you this head, and cans cutt it off,
if you will ; you sail sooner gett it, than that I sail betray the
cans of Christ." He remained in the toun, and strenthenned the
brethrein with arguments and exhortatiouns.
Their craft and dissimulatioun kythed in this, that working with
might and maine for episcopacie, yitt they gave it out among the
brethrein, that there was no suche thing meant, but onlie vote in
parliament, to vindicat the kirk from contempt and povertie. And
so sounded their answers to the arguments in the conference. By
craft, they gott suche a moderator as they had at their owne de-
votioun. And yitt, there was suche oppositioun made by manie
worthie brethrein, that they could not gett perpetuitie of commis-
sioun to vote in parliament ad vitam or ad culpam agreed unto,
but onlie that it sould be annual. Which conclusioun, the king
and the clerk by adding thereto, drew als neere their purpose as
they could, viz., that the commissioner voter in parliament sould
1600. OF THE KIRK OF SCOTLAND. 17
give a compt annuatim, and lay doun the office at the feete of the
Assemblie, to be continued or altered as the Assemblie, with con-
sent of the king, sail thinke most expedient. One and fiftie voted
that the commissioner voter sould be chosin annuatim by everie
presbyterie, from yeere to yeere ; fourtie-eight voted that he sould
continue ad vitam or ad defectum, as they called it. Manie of the
fourtie-eight were not ministers, nor had no commissioun, as the
secretar, and commissioners of burghes. The commissioners of the
Generall Assemblie were so greeved for the great advantage gottin
of them by pluralitie of votes, that they mett secreitlie at night,
and did devise a new interpretatioun, which they putt in the king's
head. And so it was concluded upon the Saturday after, the
forme that is now extant in the booke.
Sessioun 6.
" Forasmuche as in the last Generall Assemblie, there was a
commissioun givin to everie synodall within the realme, to elect
and choose out three of the wisest of their number, to be readie,
upon his Majestie's advertisement, to conveene with his Hienesse,
and to treate upon suche heeds concerning vote in parliament as
were not condescended upon in the last Assemblie, and incace of
agreement, to conclude the whole mater ; otherwise, to referre the
same to this present Assemblie, as at more lenth is conteaned in
the said commissioun : conforme to the which the saids commis-
sioners being conveenned at Falkland the 25th day of Julie, 1598,
they being rypelie advised with the heeds following, gave their
advice and conclusioun as followes : —
" 1. Concerning the maner of choosing of him that sail have
vote in parliament in name of the kirk, it is condescended upon,
that he sail be first recommended by the kirk to his Majestic ; and
that the kirk sail nominat six for everie place that sail have need
to be filled, of whom his Majestic sail choose one of whom he best
likes ; and his Majestic promiseth, obligeth, and bindeth himself,
to choose no other but one of that number. And incace his Ma-
jestic refuse the whole, upon a just reasoun of an insufficiency, and
VOL. VL B
18 calderwood's histoeie 1600.
of a greater sufficiencie of others that are not recommended, the
ku*k sail make a new recommendatioun of men according to the
first number, of the which, one b}^ his Majestic sail be chosin, with-
out anie farther refusall or new nominatioun ; and he that sail be
chosin by his Majestic sail be admitted by the synods.
" 2. It is concluded, that the Generall Assemblie sail have the
nominatioun or recommendation of him that in name of the kirk
sail vote in parliament, who sail take the advice of the synods and
presbytereis theranent, directed from them in writt ; and the synod
sail have libertie to nominat, als weill within the province as with-
out, providing, that if there be a man within the province meete
for the place, cateris paribus, he be preferred to another.
"3. Anent his rent, it is advised with one consent, that the
kirks being planted sufficienthe, the colledges and schooles alreadlc
erected not prejudged, that the king's Majestic sail provide him to
all the rest that may be obteaned of that benefice whereto he is
preferred.
" As to the cautions to keepe him that sail have vote in parlia-
ment from corruption, they be these following : —
" 1. That he presume not at anie tyme to propone, at parliament,
counsell, or conventioun, in name of the kirk, anie thing without
an expresse warrant and directioun of the kirk, and suche things
as he sail answere for, for to be for the weale of the kirk, under
the paine of depositioun from his office ; nather sail he consent, or
keepe silence in anie of the said conventiouns, to anie thing that
may be prejudicial! to the weale and libertie of the kirk, under the
same paine.
" 2. He sail be bound at everie Generall Assemblie to give an
accompt anent the discharge of his commissioun, since the Assem-
blie going before ; and sail submitt himself to their censure, and
stand to their determinatioun whatsomever, without appellatioun ;
and sail seeke and obteane ratification of his doings at the said
Assemblie, under the paine of infamie and excommunicatioun.
" 3. He sail content himself with that part of the benefice which
sail be givin in by his Majestic for his living, not hurting nor pre-
1(500. OP THE KIRK OF SCOTLAND. 19
judging the rest of the ministers of the kirks within his benefice
planted, or to be planted, or anie other minister of the countrie
whatsomever. And this claus to be insert in his provision.
" 4. He sail not dilapidat in anie wise his benefice, nather make
sett nor dispositioun therof, without the speciall advice and con-
sent of his Majestic and Generall Assemblie. And for the greater
warrant heerof, he sail interdyte himself not to dilapidate his bene-
fice, nor to consent to dilapidatioun therof made by others, to the
Generall Assemblie ; and sail be content that inhibitions be raised
on him to that effect.
" 5. He sail be bound faithfullie to attend upon his owne parti-
cular congregatioun wherat he sail be minister, in all the points of
a pastor, and heeranent sail be subject to the tryell and censure of
his owne presbyterie and provincial! Assemblie, as anie other minis-
ter that beares not commissioun.
" 6. In the administratioun of discipline, coUatioun of benefices,
visitatioun, and all other points of ecclesiasticall governement, he
sail nather usurpe nor acclame to himself anie power or jurisdic-
tioun, farther nor anie of the rest of his brethrein, under the paine
of deprivatioun. And in cace he usurpe anie part of the ecclesias-
ticall governement, and the presbyterie, synodall, or Generall
Assemblie oppone, and make anie impediment thereto, whatsoever
he doe after that impediment to be null, ipso facto, without anie
declaratour.
" 7. In presbytereis, Provinciall and Generall Assembleis, he sail
behave himself in all things, and be subject to their censuring, as
anie of the brethrein of the presbyterie.
" 8. At his admissioun to his office of commissionarie, these
and all other points necessar he sail sweare and subscribe to fulfill,
under the penalteis foresaids, and otherwise not to be admitted.
" 9. And in cace he be deposed by the Generall Assemblie,
synod, or presbyterie, from his office of the ministrie, he sail tyne
his vote in parliament ipso facto, and his benefice sail vaike.
" And further cautiouns to be made, as the kirk pleaseth and
finds occasioun.
20 calderwood's histopje 1600.
" Tuiching his name that for the kirk sail have vote in parlia-
ment, it is advised by uniform consent of the whole brethrein, that
he sail be called the Commissioner of suche a place : and incace
the parliament, by his Majestie's moyen, may be induced to acknow-
ledge that name, it sail stand so ; if not, the Generall Assemblie
sail conclude this questioun anent his name."
The questioun being demanded, whether the commissioun of
him that for the kirk sould vote in parliament, sould indure for his
lyfe tyme, except some cryme or offence interveene, or for a shorter
tyme, at the pleasure of the kirk, the commissioners of the Provin-
cial! Assembleis being of diverse opiniouns, thought good to referre
this questioun to the nixt Generall Assemblie.
Which whole conclusiouns being read in audience of the whole
Assemblie, and they being rypelie advised therewith, ratified,
allowed, and approved the same, and thought expedient that the
said cautiouns, together with such others as sail be concluded upon
by the Assemblie, be insert in the bodie of the act of parliament
that is to be made for confirmatioun of vote in parliament to the
kirk, as most necessar and substantiall points of the same.
Thus the Trojan hors, the Episcopacie, was brought in, busked
and covered with caveats, that the danger and deformitie might
not be seene ; which was, notwithstanding, scene of manic, and
oppouned unto. But force and falshood prevailed ; and it was
concluded farther in Sessioun 8th as followeth : —
Sessioun 8th. " Forasmuche as the commissioners of the synod-
alls conveenned at Falkland the 25th of Julie, the yeere of God
1598 yeeres, being of diverse opiniouns concerning the continuance
of his commission that sail have vote in parliament, whether he
sould indure for his lyftyme, except some crime or offence inter-
veene, or for a shorter tyme, at the pleasure of the kirk, they
thought good to referre the same to this present Assemblie. There-
fore, the Generall Assemblie having reasouned at lenth the said
questioun, tuiching the continuance of him that sail have vote in
parliament, after voting of the same, finds and decemes, that he
sail annuatim give a compt of his commissioun obteaned from the
IGOO. OF THE KIRK OF SCOTLAND. 21
Asscmblie, and lay doim the same at their feete, to be continued
or altered therefra, by his Majestic and the Asscmblie, as the
Asscmblie, with consent of his Majestic, sail thinke most expedient
to the wealc of the kirk.
" It is statuted and ordeauned, that none of them that sail have
vote in parliament sail come as commissioners to anie Gencrall
Asscmblie, nor have vote in the same in anie tyme comming,
except he be authorised with commissioun from his owne presby-
tereis to that effect.
^' It is found by the Asscmblie, that crimen ambitus sail be a suf-
ficient cans of deprivatioun of him that sail have vote in parlia-
ment.
" It is statuted and ordcanned, that everie minister intimat this
gencrall, that the vote in parliament is concluded by the Asscm-
blie, and that none utter speeche in pulpit contrare the same."
The gencrall commissioun, which ruled all, was renewed imme-
diatlie after in the same sessioun : —
" Forasmuche as it has beene found nccessar of before, and pro-
fitable for the wealc of the kirk, that certane commissioners be
appointed from Asscmblie to Asscmblie, whose spcciall care and
travell sould be, to give their advice to his Majestic in all cffaircs
concerning the wealc of the kirk, and enterteanement of peace and
concord betwixt his Majestic and the kirk : Therefore the Gencrall
Asscmblie, continuing in that same course, has givin and granted,
lyke as by the tenor hecrof they give and grant, their full power
and commissioun, to Mrs Johne Strathauchane, James Nicolsone,
Andrew Mylne, Alexander Forbesse, Alexander Dowglas, Robert
Howie, James Melvill, Johne Caldcleuche, Robert Wilkie, Ilarie
Livingstoun, Alexander Lindsey, George Glaidstains, Robert Pont,
David Lindsey, Robert Bruce, Johne Hall, Johne Clappertou,
Johne Knox, Andrew Lamb, James Law, Johne Spotswod, Gavin
Hammiltoun, David Barclay, Andrew Knox, with the king's
Majestie's ministers, or anie nyne of them : Giving, granting, and
committing unto them their full power to plant suche kirks in
burrow touns as arc destituted of pastors ; and in spcciall, the kirk
22 calderwood's histoeie 1600.
of Leith, in place of Mr Johne Hall, last removed therefra, and
the South-west Kirk of Edinburgh, vaiking by deceasse of umquhile
Mr Kobert Rollocke ; to present the greeves of this present Assem-
blie to the nixt conventioun, and receave the answeres of the
same. And likewise, incace his Majestic find himself greeved at
anie enormitie committed by anie of the ministrie, to try and
cognosce upon the same, and take suche order theranent as sail be
meetest to the glorie of God, and weale of the kirk : To advise
with his Majestic anent the eflfectuating of the constant platt.
Promitten de rato, &c."
These are the commissioners appointed to await on the conven-
tioun : Mrs David Lindsey, Eobert Bruce, James Nicolsone,
Andrew Lamb, William CoA^-per, Alexander Lindsey, John Spots-
wod, with the king's Majestie's ministers.
It is to be observed, that sindrie were nominated commissioners
for the fashioun ; for the king and his factioun minded never to
make them partakers of their platts ; namelie, Mr Robert Bruce,
Mr Johne Knox, Mr Andrew Mylne, Mr Harie Livingston.
The king might proceed with anie nyne, without the rest.
The commissioners appointed in the last Assemblie for visita-
tioun of kirks within everie presbyterie, being inquired what they
had done, answered for the most part, that they were not able to
discharge anie point of the said commissioun, in respect they
wanted moyen to furnishe their expences. It was ordeanned,
therefore, in the secund sessioun, that this sould be meanned to
his Majestic, that some remeed may be provided thereto. Visiters,
notwithstanding, were appointed in the eight sessioun, to visite
some parts of the countrie that needed, as followeth : —
*' Forasmuche as there are diverse parts of the countrie that, for
lalke of visitatioun, are become almost desolat : Therefore the
Generall Assemblie has thought good, that certan visiters be
directed for visiting the bounds of Kirkcudbright and "VVigton,
Mrs David Barclay, Alexander Scrlmgeour, and Nathan Inglis ; of
the bounds of Murrey, Mrs George Hay and Andrew Crumble ; of
the bounds of Orkney and Caithnesse, Mrs Eobert Pont, Johne
1600. OF THE KIRK OF SCOTLAND. 23
Monro, elder, and Johne Monro, younger ; of the bounds of Rosse,
Mrs Alexander Dowglas, Joline Carmichaell, and William Scott ;
for Nithisdaill, Mrs Eobert Wallace and Johne Welshe : with
power to them to enquire in the life, doctrine, and qualificatioun of
the ministrie within the saids bounds ; to try the sayers and
hearers of masse within the same : with power also to plant and
transport ministers unto suche places as they sail thinke most
expedient for the glorie of God and weale of the kirk, and to report
it to the nixt Generall Assemblie."
ACTS.
Becaus it was regraited, that the act made in the last Assem-
blie, tuiching the ordinar keeping of presbytereis, was not regarded
by sindrie of the ministrie, speciallie in Air and Irving, therefore,
it was ordeanned, that the said act be putt in executioun, in all
points, through all the presbytereis within this realme ; and that,
whosoever contemned or violated the same, after twise admoni-
tioun, that he be suspended from his ministrie ; and that the visit-
ers report to the next AssembHe, what diligence they find in
keeping the said act.
Becaus it was reported that some absteaned from the Commu-
nioun under colour of deedlie feeds, and other light causes, it was
ordeanned, that the presbytereis command everie particular minis-
ter within their bounds to take up the names of all within their
parish, that they may communicat everie yeere once at the least ;
and, therafter, summoun them to compeare before the presbyterie,
to heare and see themselves ordeanned to communicat, within
three raoneths nixt after the charge : Certifeing them, if they faile,
the act of convention made against non-communicants sail be putt
in executioun against them ; and if they remaine obstinat, after the
expiring of three moneths, that the presbyterie delate their names
to the king's Majestic, to the intent the foresaid act of convention
may be putt in executioun against them : and where there is not a
minister in the parish, that this order be suppleed by the presby-
tereis where the said parish lyeth.
24 calderwood's historie 1600.
Becaus diverse and great inconveniences arose, by the untym-
ous mariage of young and tender persons, before they come to age
meete for mariage, and that there is no statute of the kirk as yitt
made, defyning the age of persons which are to be maried, it was
ordeanned, that no minister within this realme presume to joyne
in matrimonie anie persons, in tyme comming, except the man be
fourteene yeeres of age, and the woman twelve compleit ; and that
the commissioners of the Generall Assemblie desire this statute to
be ratified in the conventioun.
Becaus the mariage of persons convicted of adulterie is a great
allurement to committ the said cryme, it is thought expedient that
a supplicatioun be givin in to the nixt conventioun, to crave an
act to be made, discharging all mai'iages of suche persons as are
convicted of adulterie ; and that the same be ratified in the nixt
parliament.
QUESTIONS.
The questioun being moved. If it be lawfull, where congrega-
tiouns are so spatious, that a great part of the same may not com-
modiouslie resort to their owne parish kirk, by reasoun of the great
distance from the same, that a number of the said congregatioun build
a new kirk, and interteane a pastor upon their owne expenses ?
the Assemblie, after long reasoning, thought it lawfull and expe-
dient, and declared, they would assist the same as a godlie worke ;
and crave the same to be ratified in pai'liament, so oft as it sail
occurre.
The questioun being moved. Whether a blind man may dis-
charge all the points of the oflfice of a pastor ; and speciallie of the
admissioun of Mr Johne Boyle to the ministrie of Jedburgh, he
being blind, the Assemblie referred the answcre to the generall
question to the nixt GeneraU Assemblie ; and as to the admissioun
of Mr Johne Boyle, referred his tryell to the commissioners of the
Generall Assemblie ; and in the meane tyme discharged him to use
anie part of the office of a pastor, except the preacliing of the
Word.
lllOO. OF THE KIRK OF SCOTLAND. 25
It was heavilie lamented in the king's presence, in the thrid
sessioun, that whill as sindrie of the ministrie Avere occupyed in
their lawfull calling, in persuing malefactors, adulterers, murthercrs,
and other slanderous persons, and urged them to purge themselves
of the slanders committed by them, conforme to the statuts of the
kirk daylie observed within this realme, that at suche tymes, they
were drawin from their calling, and charged by 1-etters privilie ob-
teaned upon false narratives made by the said slanderous persons,
to compeere before the Secreit Counsell, whereby they were not
onlie distracted from their lawfull functiouns, but also the discipline
of the kirk and punishment of vice was greatlie neglected and con-
temned : Therefore the Assemblie most hurablie requeisted his
Majestic not to suffer suche contempt of the discipline of the kirk,
whereby the brydle would be loosed to all impietie and licentious
living. His Majestic promised that, in tyme comming, no letters
sould be directed from the Secreit Counsell, at the instance of anie
person against anie minister in particular, or anie presbyterie in
generall, for whatsomever thing he or they sail doe in the executioun
of his or their offices, before the person requirer produce a testimo-
nial!, under forme of instrument de degenerata justitia, of the minis-
ter or presbyterie, judges ordinar.
Sessioun 4. The brethrein appointed to await upon the king's
Majestic, for advising of suche articles as sould be craved of the
nixt conventioun for talking order with Jesuits, Papists, Seminarie
preests, &c., have, with the king's Majestie's owne advice, formed
the articles underwrittin, to be givin in to the nixt conventioun : —
1. That all Jesuits, Seminarie preests, excommunicated and traf-
fiquing Papists, that sail happin in anie tyme comming to returne
within the countrie, or that are prescntlie within the countrie, sail,
immediatlie after their delatioun to his Majestic, be apprehended
and putt in waird, there to be deteaned, ay and whill they be con-
verted to the religioun ; or ellis punished according to the acts of
parliament, or ellis removed off the countrie.
2. That the recepters of obstinat excommunicated Papists, and
their cheefe freinds and acquaintance, whose houses they haunt, be
26 calderwood's historie 1600.
charged to find cautioun under a pecuniall paine, according to
their abilitie and rankc, that they sail no wise recept nor interteane
the said excommunicats.
3. That all excommunicated Papists be charged to satisfie the
kirk within the space of three moneths, under the paine of homing ;
and if they failyle, to be denounced thereto ; that their escheats and
lyvercnts, incace of yeere and daye's rebellioun, may be intromitted
with by his Majestie's treasurer, and not dispouned to anie dona-
tioun.
4. That the Marqueis of Huntlie be charged to exhibit and
present before his Majestic and Secreit CounseU, Johne Gordoun of
Newtoun, Patrik Butter, and IVIr Alexander Leslie, according to
his band, that they may be committed to waird, ay and whill they
satisfie the kirk.
It was ordeaned that Bonytoun, younger, be conveenned before
the presbyterie of Brechin, and there oflfer satisfactioun, as to the
judges ordinarie.
As it was agreed, that where the congregatlouns were spatious,
and a great part of the congregatioun farre distant from the parish
kirk, may build a kirk for themselves, if they interteane a pastor,
so likewise were some kirks united, and their union confirmed with
consent of the Assemblie. As for exemple, the union of the ku'k
of Alloway and Tillibodie, by reasoun that the number of paroch-
iners would make but one sufficient congregatioun, and a stipend
could not be obteaned for the kirk of Tillibodie. Siclyke, the
kirks of Essie and Norva, united by the presbyterie of Megle, in
respect of the smalnesse of the number of both the parishes, not
exceeding the number of five hundreth persons ; and in respect the
farthest part of both the parishes would not be distant halfe a myle
from the place where the kirk commoun to both sould be builded ;
as also in respect of the impossibility of moyen to susteane two
ministers. This union was ratified.
Upon Friday the 14th of Marche, the king returning from the
Assemblie, and crossing Leith Ferric, the mariners were forced to
runne the boat on land, upon the sands of Kirkaldie, and the king
1600. OP THE KIRK or SCOTLAND. 27
"was takin out upon horsebacke. Though the weather was faire
before he tooke boat, he exclaimed with execratioun, that he was
ever in danger of his Hfe in going to these Assembleis.
About the beginning of Aprile, the East Kirk of Edinburgh,
where Mr Robert Bruce teached, was enlarged ; and that conten-
tioun betweene Mr Robert and some politicians was put to an end.
Upon Fryday, the fourth of Julie, the Ladie Waristoun, daugh-
ter to the Laird of Dunipace, was beheaded in the Cannogate, for
the murther of her husband. The nurce and an hyred woman,
her complices, were burnt in the Castell Hill of Edinburgh. The
horseboy fled, being guiltie.
In this moneth of Julie, there came a Frenche ambassader from
the King of France, and brought with him a masse preest, who
said masse to him and his domesticks. The ministers sent com-
missioners to the king, to move the ambassador to forbeare suche
exercise. But the king suffered him to continue still his exercise
at his pleasure, and propynned him honorablie at his departure, in
September after following.
About this tyme was a great dearth of bestiall, almost in all the
parts of the countrie. A scheafFe of oat straw was sold for fourtie
shillings in Edinburgh. There was also a great death of little
childrein ; six or seven buried in one day.
Johne Ruthven, Erie of Gowrie, after he had beene five yeeres
furth out of the countrie, at his studeis and travells through France
and Italic, returned to Scotland this yeere, and came to Edinburgh
about the end of Februar, accompanied with a number of noble
men, gentle men, and others. He was of great expectatioun, and
muche respected by the professors. Upon the fyft of August, he
and his brother, Mr Alexander, were slaine at Perth in his owne
loodging, for attempting a conspiracie against the king, as was
alledged, but not beleeved by manic. The discourse of the con-
spiracie, and the depositions serving to confirme the same, together
with the censure and examinatioun, heere follow. The discourse
was printed by the king's directioun, as foUoweth : —
28 c ALDER wood's historie 1600.
" A DISCOURSE OF THE UNNATURALL AND VILE CONSPIRACIE
ATTEMPTED AGAINST HIS MAJESTIE's PERSON AT SANCT JOHNS-
TOUN, UPON THE 5TH DAY OF AUGUST, BEING TUISDAY, 1600.
" His Majestie having his residence at Falkland, and being
daylie at the buck-hunting, as his use is in that seasoun, upon the
fjft day of August, being Tuisdaj, he road out to the parke
betuixt six and seven houres in the morning, the weather being
wonderfull pleasant and seasonable. But before his Majestie could
leape on horsebackc, his Hienesse being now come doun by the
efj[uerie, all the huntsmen, with the hounds attending his Majestie
on the greene, and the court making to their horses, as his Hie-
nesse' self was, Mr Alexander Euthven, secund brother to the late
Erie of Gowrie, being then lighted in the toun of Falkland, haisted
him fast doun to overtake his Majestie before his on-leaping, as he
did. Where meeting his Hienesse, after a verie low courtesie,
bowing his head under his Majestie's knee, (although he was
never wount to make so low courtesie,) drawing his Majestie apart,
he beginnes to discourse unto him, but with a verie dejected coun-
tenance, his eyes ever fixed upon the earth, how that it chanced
him, the evening before, to be walking abroad about the fields,
taiking the air solitarie alone, without the toun of St Johnstoun,
where his present dwelling was with the lord his brother, and
there, by accident, affii'med to have recountered a base like
fellow, unknowne to him, with a cloke cast about his mouth ;
whom at, as he enquired his name, and what his earand was, to be
passing in so solitarie a part, being from all wayes, the fellow be-
came at the suddane so amazed, and his tongue so faltered in his
mouth, that upon his suspicious behaviour he beganne more nar-
rowlie to looke unto him, and examine him. And perceaving that
there appeared some thing to be hid under his cloke, he did cast
by the lappes of it, and so finds a great wyde pot to be under his
arme, all full of coyned gold in great peeces; assuring his Majestie
IGOO. OF THE KIRK OF SCOTLAND. 29
tliat it was in verie great quantitie ; upon the siglit wherof (as he
affirmed) he tooke backe the fellow with his burthein to the toun,
where he privatlie, without the knowledge of anie living, tooke the
fellow, and bound him in a privie derned hous : and, after locking
manie doores upon him, left him there, and his pott with him, and
had haisted himself out of St Johnstoun that day, by foure houres
in the morning, to make his Majestie advertised therof, according
to his bound duetie ; earnestlie requeisting his Majestie, with all
diligence and secrecie, that his Majestie might take order there-
with, before anie knew therof; swearing and protesting, that he
had yitt concealed it from all living, yea, from the erle, his owne
brother.
" His Majestie's first answere was, (after thanking him for his
good will,) that it could not become his Majestie to meddle anie
way in that mater, since no man's treasure, that is a free and law-
full subject, can by the law apperteane unto the king, except it be
found hid under the earth, as this was not. Wherunto he an-
swered, that the fellow confessed unto him, that he was going to
have hid it under the ground, but could not have leasure at that
tyme to enquire anie further of him. Wherunto his Majestie
replyed, that there was great difference betuixt a deld and the
intentioun of a deid ; his intentioun to have hid it not being alike
as if it had beene found alreadie hid. Mr Alexander's answere
was, that he thought his Majestie over scrupulous in suche a mater
tending so greatUe to his Majestie's profite; and that, if his Ma-
jestie differred to meddle with it, that it might be that the lord
bis brother, and other great men, might meddle with it, and make
his Majestie the more adoe.- Wherupon the king beginning to
suspect that it had beene some forraine gold brought home by
some Jesuits, or practising Papists, (therewith to stirre up some
new seditioun, as they have oftin tymes done before,) enquired of
the said Mr Alexander, what kinde of coine it was, and what
a fellow he was that carried it ? His answere was, that so farre
as he could take leasure to see of them, that they seemed to
be forraine, and uncouth strokes of coine; and although that
30 calderwood's niSToniE 1600.
the fellow, both by his language and fashiouns, seemed to be a
Scotish fellow, yltt he could never remember that he had seene
him before.
" These speeches increased his Majestie's suspicioun that it was
forraine coine, brought in by some practising Papists, and to be
distributed In the countrle, as is before said ; and that the fellow
that caried it was some Scotish preest, or Seminarie, so disguised
for the more sure transporting therof. Wherupon his Majestie
resolved, that he would send backe with the said Mr Alexander a
servant of his owne, with a warrant to the proveist and bailllffes
of St Johnstoun, to receave both the fellow and the money off Mr
Alexander's hand ; and after they had examined the fellow, to
reteane him and the treasure, till his Majestie's farther pleasure
were knowne. ^^lierat the said Mr Alexander sturred mervel-
ouslie, affirming and protesting, that if ather the lord his brother,
or the bailliffes of the toun, were putt on the counsell therof, his
Majestie would gett a verie bad compt made to him of that trea-
sure ; swearing, that the great love and affectioun he bare unto
his Majestie had made him to preferre his INIajestie in this cace,
both to himself and his brother ; for the which service he humblie
craved that recompence, that his Majestie would take the paines
once to ryde thither, that he might be the first seear therof him-
self; which being done, he would remitt to his Majestie's owne
honourable discretioun how farre it would please his Majestie to
consider upon him for that service. His Hienesse being strickin in
great admiratloun, both of the uncouthnesse of the tale, and of the
strange and stupide behaviour of the reporter, and the court being
alreadie horsed, wondring at his Majestie's so long stay with that
gentleman, the morning being so faire, the game alreadie found,
and the huntsmen so long staying on the fields on his Majestie, he
was forced to breake off, onlie with these words, that he could not
now stay anie longer from his sport, but that he would consider of
the mater, and at the end of his chasse give him a resolute an-
swere what order he would take therin. ^Mieinipon his Majestie
parted in haste from him, toward the place where the game was.
1600. OF THE KIRK OF SCOTLAND. 31
Mr Alexander parting from his Majestic verie miscontent, that
luidelayedlie lie raid not to St Johnstoun, as he desired him, pro-
testing that his Majestie would not find e verie day suche choice of
hunting as he had offered unto him, and that he feared that his
INIajestie's long delay, and slownesse of resolutioun, would breed
leasure to the fellow, who was lying bound, to cry, or make suche
din as would disappoint the secrecie of that purpose, and make
both the fellow and the treasure to be medled with, before anie
word could come from his IMajestie ; as also, that his brother
would misse him, in respect of his absence that morning, which, if
his Majestie had pleased to haste, he might have prevented, arriv-
ing there in the tyme of his brother's and the whole toun's being
at the sermoun, whereby his Majestie might have taikin suche
secreit order with that mater as he pleased, before their out-com-
ming from the Church. But his Majestie, without anie further
answering of him, leaping on horsebacke, and ryding to the dogs,
where they were beginning to hunt, the said Mr Alexander stayed
still in that place where be left his Majestie. And having two
men with him appointed by the late erle his brother, to carie backe
unto him the certane newes, in all haste, of his Majestie's com-
ming, as heerafter more particularlie sail in the same discourse be
declared, he directed the one of them, called Andrew Hendersone,
chamberlane to the said erle, to ryde in all haste to the erle, com-
manding him, as he loved his brother's honour, that he sould not
spaire for spilling of his hors, and that he sould advertise the erle,
that he hoped to move his Majestic to come thither; and that he
sould not yitt looke for him the space of three houres therafter,
becaus of his Majestie's hunting ; adding these words, ' Pray my
lord, my brother, to prepare the dinner for us.'
" But his Majestie was no sooner riddin up to a little hill, above
the little wood where the dogs were layed on in hunting, but (that
notwithstanding the pleasant beginning of the chasse) he could not
stay from musing and woundering upon the newes. Wherupon
(without making anie bodie acquainted with this purpose) findino*
Johne Nesmith, chirurgian, by chance ryding beside him, his Ma-
32 calderwood's historie 1600.
jestie directed him backe, to bring Mr Alexander with him, who
being brought unto his Majestic, and having newlie directed, as
said is, one of his men that was with him backe to my lord his
brother, his Majestic, unknowing or suspecting that any man living
had come with him, then told him that he had beene advising with
himself; and in respect of his last words so earnest with him, he
resolved to ryde thither for that earand, in his owne person, hov/
soone the chasse was ended, which was alreadie begunne. Lykeas
his Majestic, upon the verie ending of these words, did ryde away
in the chasse, the said Mr Alexander ever following him at his backe,
no other living being with his Hienesse but he, and Johne Ham-
milton of Grange, one of his Majestie's maister stablers, the rest of
the court being all before in the chasse, his Majestic onlie being
cast backe, upon the staying to speake with Mr Alexander, as is
before said.
" The chasse lasted from seven houres in the morning untill
ellevin and more, being one of the greatest and sorest chasses that
ever his Majestic was at, all which tyme the said Mr Alexander
was for the most part ever at his Majestie's backe, as said is. But
there was never anie stoppe in the chasse, or so small a delay, that
the said Mr Alexander omitted to round to his Majestic, carnestlie
requeisting him to haste the end of the hunting, that he might ryde
the sooner to St Johnstoun. So as, at the death of the bucke, his
Majestic not staying upon the curie of the deir, as his use is,
skarselie tooke tyme to alight, awaiting upon the comming of a
fresh hors to ryde on, the greatnesse of the chasse having wearied
his hors. But the said Mr Alexander would not suffer the king to
stay in the parke where the bucke was killed, whill his fresh hors,
which was alreadie sent for, was brought out of the equerie to him,
(although it was not two flight shott of bounds betuixt the part
where the bucke Avas killed, and his Majestie's equerie ;) but with
verie importunitie forced his Majestic to Icape on again, upon that
same hors that he had hunted all the day upon, his fresh hors being
made to gallop a myle off the way to overtake him, his Majestic
not fetaying so muche as upon his sv»ord, nor whill the duke, and
1600. OF THE KIRK OF SCOTLAXD. 33
the Erie of Marr, with diverse gentlemen in liis companic, had
changed their hors ; onlie saying unto them, that he was to ryde
to St Johnstoun to speake with the Erie of Gowrie, and that he
would be presentlie backe again before even. Wherupon some of
the court galloped backe to Falkland als fast as they could, to
change their hors, and could not overtake his Majestic, untill he
came within foure myle of St Johnstoun. Others raid fordward
with their horses wearied as they were, wherof some were com-
pelled to allight by the way ; and if they had not both refreshed
their horses, bled them, and given them some grasse by the way,
they had not caried them to St Johnstoun. The cause of his
Majestie's servants following so fast undesired by him, being
onlie grounded upon a suspicioun they had conceaved of his
Majestie's intentioun of ryding was for the apprehensioun of the
Maister of Oliphant, one who had latelie done a vyle and proud
oppressioun in Angus, for repairing of the which they thought
that his Majestic had some purpose for his apprehensioun. But
the said Mr Alexander seing the duke, and the Erie of Marr,
with diverse others of the court, getting fresh horses for follow-
ing of his Majestic, earnestlie desired him that he would pub-
lishe to his whole train, that since he was to returne the same
evening, as is before said, they needed not to follow him ; espe-
ciallie, that he thought it meetest, that his Majestic sould stay the
duke and the Erie of Marr to follow him, and that he sould onlie
take three or foure of his owne meane servants with him ; affirm-
ing, that if anie noble man followed him, he could not answere for
it, but that they would marre the whole purpose. Wherupon his
Majestic halfe angrielie reply ed, that he would not mistrust the
duke, nor the Erie of Marr, in a greater purpose nor that, and that
he could not understand what hinder anie man could make in that
earand.
" But these last speeches of Mr Alexander's made the king to
beginne to suspect what it could meane. Wherupon, manic diverse
thoughts beganne to enter in the king's minde ; but that his Ma-
jestic could never suspect anie liarme to be intended against his
Hienesse by that young gentleman, with whom his Majestic had
VOL. VI. C
34 calderwood's nisTorjE 1600.
beene so welll acquainted, as he had not long before beene in sute,
to be one of the gentlemen of his chamber. So as, the farthest
that the king's suspicioun could reache to was, that it might be
that the erle his brother had handled him so hardlie, that the young
gentleman, being of a high spirit, had taikin suche displeasure; as
he was become somwhat by himself; which his Majestie conjec-
tured als Weill by his raised and uncouth stairing, and continuall
pensivenesse all the tyme of the hunting, as likewise, by suche
strange sort of unlikelie discourses as is alreadie mentiouned.
Wherupon his Majestie tooke occasioun to make the Duke of Len-
nox acquainted with the whole purpose, enquiring of him verie
earnestlie what he knew of that young gentleman's nature, being
his brother-in-law, and if he had ever perceaved him to be subject
to anie high apprehensioun ; his Majestie declaring his suspicioun
plainlie to the said lord duke, that he thought him not weill settled
in his witts ; alwise desiring my lord duke not to faile to accom-
panie him in to that hous, where the alledged fellow and treasure
was. The lord duke woundered muche at that purpose, and
thought it verie unlikelie ; yitt he affirmed, that l^e could never
perceave anie suche appearance in that gentleman's inclinatioun.
But Mr Alexander perceaving his Majestie's privie conference with
the duke, and suspecting the purpose, (as it appeared,) came to the
king, requeisting his Majestie verie earnestlie, that he sould make
none living acquainted with that purpose, nor suffer none to goe
with his Majestie Avhere he sould convoy him, but himself onlie,
untill his Majestie had once scene the fellow and the treasm'C.
Wherunto his Majestie, halfe laughing, gave answere, that he was
no good teller of money, and behoved therefore to have some to
helpe him in that earand. His reply was, that he would suffer
none to see it but his Majestie's self at the first, but afterward he
might call in whom he pleased.
" These speeches did so encrease his Majestie's suspicioun, that
then he beganne directlie to suspect some treasonable device : yitt
manie suspiciouns and thoughts overwhelming everie one another
in his minde, his Majestie could resolve upon no certane thing, but
raid further on his journey, betuixt trust and distrust, being
IGOO. OF THE KIIIK OF SCOTLAND. 35
ashamed to seeme to suspect, in respect of the cleannesse of his
Majestie's owne couscieuce, except he had found some greater
ground, the said Alexander still preassing the king to ryde
faster, although his owne hors was skarselie able to keepe companie
with the king for the wearinesse, having riddin with him all the
chasse before. But as the king was come two rayles from Falk-
land, the said Mr Alexander stayed a little behind the king in the
way, and posted away the other servant, Andrew Ruthven, to the
erle, his brother, advertising him, how farre the king was on his
way to come thither. Then, how soone so ever the king came
within a myle to the toun of St Johnstoun, he said to his Ma-
jestic, that he would post on before, to advertise the erle, his brother,
of his Majestie's comming : who, at his incomming, was sitting at
the midds of his denner, never seeming to take knowledge of tlie
king's comming, whill his brother told it him, notwithstanding of
his two servants advertising him therof before. And immediatlie
upon his brother's report, rysing in haste from the board, and
wairning all the servants and freinds to accompanie him to meete
his Majestic, mett him to the number of three or foure score, at
the end of the Inche, his Majestie's whole companie and traine not
exceeding the number of sixteene persons, and all "svithout anie
kinde of armour, except swords, no, not so muche as daggers or
whingers.
" His Majestic stayed an houre, after his comming to the said
eric's loodging in St Johnstouny before his dinner came in ; the
longsomnesse of the preparing of the same, and badnesse of the
cheere being excused, upon the suddantie of his Majestie's comming
unlooked for there, during the which tyme his Majestic enqufred of
Mr Alexander, when it was tyme to him to goe to that privat hous
wherof he had informed him ? Whose answere was, that all was
sure eneugh, but that there was no haste yitt for an houre, whill
his Majestic had dynned at leasure ; praying his Majestic to leave
him, and not to be scene to round with him before his brother,
who, having missed him that morning, might therupon suspect
what the mater could meane. Therefore his Majestic addressed
36 calderavood's histokie ICOO.
himself unto the erle, and discoursed with him upon sindrie pur-
poses, but coukl gett no du-ect answere of him, but halfe words,
and imperfyte sentences. His Majestic being sett doun to the
dinner, the erle stood verie pensive, and with a dejected counte-
nance, at the end of his Majestie's table, oft rounding over his
shoulder, whiles to one of his servants, whiles to another, and often
tymes went out and in to the chamber. Which forme of behaviour
he likewise keeped before his Majestie's sitting down to dinner,
but without anie welcomming of his IMajestie, or anie other heartilie
forme of interteanement ; the noblemen and gentlemen of the
court that were with his Majestic standing about the table, and not
desyred to dyne, as use is, when his Majestic is once sett doun, and
his first service brought up, untill the king's Majestic had almost
dynned. At which tyme, the erle convoyed them furth to their
dinner, but satt not doun with them himself, as the commoun
forme is, but came backe, and stood silent at the end of the king's
table, as of before ; Avhich his INIajcstie perceaving, did beginne to
interteane the erle in a homelie maner, woundering that he had not
remained to dyne with his ghuests, and interteane them there. In
the meane tyme, his Majestic being readie to r^'se from the table,
and his whole servants being in the hall at their dinner, the said
Mr Alexander standing behind his Majestie's backe, pulled quietlie
upon him, rounding in his Majestie's eare, that it was tyme to goe,
but that he would have faine beene quite of the erle, his brother ;
wishinni: the kinc: to send him out to the hall, to interteane his
ghuests. Wherapon, the king called for a drinke, and in a mirrie
and homelie maner said to the erle, that although the erle had
scene the fashioun of interteanement in other countreis, yitt he
would teache him the Scotish fashioun, seing he was a Scotish
man ; and, therefore, since he had forgott to drinke to his Majestic,
or sitt with his ghuests, and interteane them, his Majestic would
drinke to him his owne w^elcome ; desiring him to take it furth,
and drinke to the rest of the companie, and in his Majestie's name
to make them welcome.
" Wherupon, as he went furth, his Majestic did rise from the
1600. OF THE KIRK OF SCOTLAND. 37
table, and desired Mr Alexander to bring Sir Thomas Areskine
with him ; who desiring the king to goe fordward with him, and
promising that he sould make anie one or two follow him that he
pleased to call for, desired his Majestic to command publictlic, that
none sould follow him. And thus the king, accompanied onlie
with the said Mr Alexander, comes furth of the chamber, passing
through the end of the hall where the noble men and his Majestie's
servants were sitting at their dinner, up a turnepycke, and through
three or foure high chambers, the said Mr Alexander ever locking
behind him everie doore as he past, and then, with a more smyling
countenance nor he had all the day before, ever saying, he had
him sure and safe eneugh keeped ; untill at last, his Majestic pass-
ing through three or foure sindrie houses, and all the doores locked
behind him, his Majestic entered into a little studie, where his
Majestic did see standing, with a verie abased countenance, not a
bound man, but a free man, with a dagger at his girdle. But his
Majestic had no sooner entered into that little studie, and Mr
Alexander with him, but Mr Alexander locked to the studie doore
behind him, and at that instant changing his countenance, putting
his hatt on his head, and drawinij the dao-nfcr from that other man's
girdle, held the point of it to the king's breast, avowing now that
the king behoved to be in his will, and used as he list; swearing
manic bloodie oathes, that if the king cryed one word, or opened a
window to look out, that dagger sould presentlie goe to his heart ;
affirming, that he was sure that now the king's conscience was
burthenned, for the murthering of his father.
" His Majestic woundering at so suddan an alteratioun, and
standing naiked, (without anie kinde of armour but his hunting
home, which he had not gottin leasure to lay from him,) betuixt
these two tratours which had conspired his life, the said Mr Alex-
ander standing, as said is, with a drawin dagger in his hand, and
his sword at his side, but the other trembling and quaiking, rather
like a condemned man, than an executioner of suche an interprise,
his Majestic beganne then to dilate to the said Mr Alexander, how
horrible a thing it was to him to meddle with his Majestie's inno-
38 calderwood's historie IGOO.
cent blood, assuring him it would not be left unrevenged, since
God had givin him childrein and good subjects ; and if there were
no more, God would raise up stockes and stones to punish so vile
a deed : protesting before God, that he had no burthein in his
conscience for the executioun of his father, both in respect that at
the tyrae of his father's executioun his Majestic was but a minor
of age, and guided at that tyme by a factioun, which overruled
both his Majestic and the rest of the countrie. As also, that what-
soever was done to his father, it was done by the ordinar course of
law and justice ; appealing the said Mr Alexander upon his con-
science, how Weill he at all tymes since had deserved at the hands
of all his race, not onlie having restored them to all their lands and
digniteis, but also in nourishing and upbringing of two or three of
his sisters, as it were in his owne bosom e, by a continuall attend-
ance upon his Majestie's deerest bed fellow in her privie chamber :
laying also before him the terrors of his conscience, especiallie that
he made professioun, according to his educatioun, of the same
religioun which his Majestic has ever professed. And namelie,
his Majestic remembred him of that holie man, Mr Robert Rollock,
whose scholler he was, assuring him that one day the said Mr
Robert's soule would accuse him that he had never learned of him
to practise suche unnaturall crueltie ; his Majestic promising unto
him, in the word of a prince, that if he would spaire his life, and
suffer him to goe out again, he would never reveele to anie flesh
living what was betuixt them at that tyme, nor never suffer him
to incurre anie harme or punishment for the same.
" But his Majestie's feare was, that he could hope for no spairing
at his hand, having suche crueltie in his lookes, and standing so
irreverentlie covered with his hatt on, which forme of rigorous
behaviour could prognosticat nothing to his Majestic but pi'esent
extremitie. But at his Majestie's perswasive language, he appeared
to be somwhat amazed, and discovering his head again, swore and
protested, that his Majestie's life sould be safe, if he would behave
himself quietlie, without making noise or crying ; and that he
would onlie bring in the erle his brother, to speeke with his Ma-
IGOO. OF THE KIRK OF SCOTLAND. 39
jestie. Wlierupon his Majestle enquiring what the erle would doe
with him, since (if his Majestie's life was safe, according to pro-
mise) they could gaine little in keeping suche a prisoner; his
answere onlie was, that he could tell his Majestic no more, but
that his life would be safe, incace he behaved himself quietlie ; the
rest the erle his brother, whom he was going for, would tell his
Majestic at his comming. And with that, as he was going furth
for his brother, as he affirmed, he turned him about unto the other
man, saying these words unto him, ' I make you heere the king's
keeper, untill I come backe again ; and looke that yee keepe him,
upon your owne perreU,' — and therewithall sayes to his Majestic,
* Ye must content your self to have this man now your keeper,
untill my backe comming.' And with these words he passeth
furth, locking the doore behind him, and leaving his Majestic with
that man he found there before him. At whom his Majestic then
enquired, if he was appointed to be the murtherer of him at that
tyme, and how farre he was upon the counsell of that conspiracie ?
Whose answere, with a trembling and astonished voice and be-
haviour, was, that as the Lord sould judge him, he was never made
acquainted with that purpose, but that he was putt in there per-
force, and the doore locked behind him, a little space before his
Majestie's comming ; as, indeid, all the tyme of the said Mr Alex-
ander's minassing his Majestic, he was ever tremblinglie requeist-
ing him, for God's sake, and with manic other attestatiouns, not
to meddle with his Majestic, or to doe him anie harme. But
becaus Mr Alexander had, before liis furth going, made the king
to sweare that he sould not cry, nor opin anie of the windowes, his
Majestic commanded the said fellow to opin the window with his
hand, which he readilie did. So that, although he was putt in
there to use violence over the king, yitt God so turned his heart
at that tyme, as he became a slave to his prisoner.
" Whill his Majestic was in this dangerous estat, and none of his
owne servants nor traine knowing in what part of the world he
was in, as his Majestie's traine was arising in the hall from their
dinner, the Erie of Gowrie being present with them, one of the
40 CALDER wood's iiistorie 1600.
Erie of Gowrie's servants comes haistilie in, assuring the erle his
master, that his Majestie was horsed, and away through the Inche.
Which the erle reporting to the noblemen, and the rest of his
Majestie's traine that was there, they all rush out together at the
gate in great haste ; and some of his Majestie's servants enquiring
at the porter when his Majestie went furth, the porter affirmed,
that the king was not yitt furth ; wherupon the said erle looked
verie angrielie upon him, and said, he was but a leear ; yitt turning
to the duke and the Erie of Marr, said, he would presentlie gett
them sure word where his Majestie was ; and with that, ranne
through the closse, and up the staire. But his purpose, indeid,
was to speeke with his brother, as appeared verie weill by the cir-
cumstance of the tyme, his brother having at that same instant
left the king in the little studie, and runne doun the staire in great
haste. Immediatelie therafter, the erle commeth backe, running
again to the gate where the noble men and the rest were standing
in amaze, assuring them that the king was out long since at the
backe gate, and if they haisted not them all the sooner, they would
not gett him overtaikin ; and with that cryed for his hors.
" Wherupon they rush all together out at the gate, and make to-
wards the Inche, crying all for their horses ; passing all (as it was
the providence of God) under one of the windowes of that studie
wherin his Majestie was, to whom Mr Alexander verie speedllle
returned ; and at his incoraming to his Majestie, casting his hands
abroad in a desperat maner, said, he could not mend it ; his Majes-
tie behoved to dee ; and with that, offered a garter to bind his
Majestie's hands with, swearing, he behoved to be bound. His
Majestie, at that word of binding, said, he was borne a free king,
and sould dee a free king. Wherupon he gripping his Majestie by
the wrest of the hand, to have bound him, his Majestie releeved
himself suddanlie of his grippes ; wherupon, as he putt his right
hand to his sword, his Majestie with his right hand seazed upon
both his hand and his sword, and with his left hand clasped him by
the throat, lyke as he with his left hand clasped the king by the
throat, witli two or three of his fingers in his Majestie's mouth, to
IGOO. OF THE KIRK OF SCOTLAND. 41
have stayed him from crying. In this forme of wrestling, his Ma-
jestie perforce drew him to the window, which he had caused the
other man before to opin unto him, and under the which was pass-
ing by at the same tyme the king's traine, and the Erie of Gowrie
with them, as said is ; and holding out the right side of his head
and right elbow, cryed, that they were murthering him there in that
treasonable forme. Whose voice being instantlie heard and knowne
by the Duke of Lennox, the Erie of Marr, and the rest of his Ma-
jestic's traine there, but the said Erie of Gowrie ever asking what
it meant, and never seeming anie wise to have scene his Majestic,
or heard his voice, they all rushed in at the gate together, the duke
and the Erie of Marr running about to come by that passage his
Majestic came in at, but the Erie of Gowrie and his servants made
them for another way up a quiet turnepycke, which was ever con-
demned before, and was onelie then left opin, as appeared, for that
purpose.
" And in this meane tyme, his Majestic with strugling and wrast-
ling with the said Mr Alexander, had brought him out perforce
out of that studie, the doore wherof, for haste, he had left opin at
his last incomming ; and his Majestic having gottin with long
struggling the said Mr Alexander's head under his arme, and him-
self on his knees, his Majestic did drive him backe perforce, hard
to the doore of the same turnepycke. And as his Majestic was
thrawing the sword out of his hand, thinking to have strikin him
therewith, and then to have shott him Qver the staire, the other
fellow standing behind the king's backe, and doing nothing but
trembling all the tyme. Sir Johne Ramsay, not knowing what way
first to enter, after he had heard the king's cry, by chance finds
that turnepycke doore opin, and following it up to the head, enters
in into the chamber, and finds his Majestic and Mr Alexander
strugling in that forme, as is before said. And after he had twise
or thrise strickin the said Mr Alexander with his dagger, the other
man withdrew himself, his Majestic stilly keeping his grippes, and
holding him closse to him. Immediatlie therafter, he tooke the
said Mr Alexander by the shoulders, and shott him doun the
42 cai.derwood's historie 1600.
staire, who was no sooner shott out at the doore, but he was mett
by Sir Thomas Areskine and Sh' Hugh Herds, who there upon
the staire ended him, the said Sir Thomas Areskine being cast be-
hind the duke and the Erie of Marr, that ranne about the other
way, by the occasioun of his medling with the said late erle upon
the street, after the hearing of his Majestie's cry ; for upon the
hearing therof, he had clasped the Erie of Gowrie by the gorget,
and casting him under his feete, and wanting a dagger to have
strickin him with, the said erle's men red the erle, their maister,
out of his hands, whereby he was cast behind the rest, as said is ;
and missing the companie, and hearing the said Sir Johne Ram-
saye's voice upon the turnepycke head, ranne up to the said cham-
ber, and cryed upon the said Sir Hugh Hereis and another servant
to follow him. Where meetino; with the said Mr Alexander in the
turnepycke, he ended him there, as said is, the said Mr Alexander
onlie crying for his last words, ' Alace ! I had not the wyte of it.'
" But no sooner could the saids Sir Thomas, Sir Hugh, and an-
other servant, winne in to the chamber where his Majestic was, but
that the said Erie of Gowrie, before they could gett the doore
shutt, followed them in at the backe, having cast him directlie to
come up that privie passage, as is before said ; who at his first
entrie, having a drawin sword in everie hand, and a Steele bonnet
on his head, accompanied with seven of his servants, and everie one
of them having in like maner a drawne sword, cryed out with a
great oath, that they sould all dee as tratours. All the which tyme,
his Majestic was still in the chamber, who seing the Erie of Gowrie
come in with his swords in his hands, sought for Mr Alexander's
sword, which had fallin from him at his outshutting at the doore,
having no sort of weapoun of his owne, as said is ; but then was
shott backe by his owne servants that were there into the little
studie, and the doore shutt upon him. Who having putt his Ma-
jestic in safetie, re-encountered the said erle and his servants, his
Majestie's servants being onlie in number foure, to witt, Sir
Thomas Areskine, Sir Hugh Hereis, Sir Johne Ramsay, and one
Wilson, a servant of James Areskine' s, a brother of the said Sir
IGOO. OF THE KIRK OF SCOTLAND. 43
Thomas, the said erle having seven of his servants with him. Yitt
it pleased God, after manie strokes on all hands, to give his Majes-
tie's servants the victorie, the said Erie of Gowrie being strikin
dead with a stroke through the heart, which the said Sir Johne
Eamsay gave him, without once crying upon God, and the rest of
his servants dung over the staire with manie hurts ; as in like
maner, the said Sir Thomas Areskine, Sir Hugh Hereis, and Sir
Johne Ramsay, were all three hurt and wounded.
" But all the tyme of this fight, the Duke of Lennox, the Erie of
Marr, and the rest of his Majestie's traine, were striking with great
hammers at the utter doore whereby his Majestic past up to the
chamber with the said Mr Alexander, which also he had locked in
his by-comming with his Majestic to the chamber. But by rea-
soun of the strenth of the said double doore, the whole wall being
likewise of boords, and yeelding with the strokes, it did byde them
the space of half an houre and more, before they could gett it
brokin, and have entreisse ; who having mett with his Majestic,
found, beyond their expectatioun, his Majestic delivered from so
imminent a perrell, and the said late erle, the principall conspirator,
lying dead at his Majestie's feete. Immediatlie therafter, his Ma-
jestic kneeling doun on his knees in the midds of his owne ser-
vants, and they all kneeling round about him, his Majestic out of
his owne mouth thanked God of that miraculous deliverance and
victorie, assuring himself, that God had preserved him from so*
desperat a perrell, for the perfytting of some greater worke behind,
to his glorie, and for the procuring, by him, the weale of his people
that God had committed to his charge.
" After this, the tumult of the toun, hearing of the slaughter of
the said Erie of Gowrie, their proveist, and not knowing the
maner therof, not being on the counsell of his treasonable attempt,
continued for the space of two or three houres therafter ; untill his
Majestic, by oft specking out to them at the windowes, and beaken-
ing unto them with his owne hand, pacifeing them, causing the
bailliffes and the rest of the honest men of the toun to be brought
into the chamber, to whom, having declared the whole forme of
44 calderwood's histokie IGOO.
that strange accident, he committed the hous and bodeis of the
said tratours brethreln to their keeping, untill his Majestie's fur-
ther pleasure were knowne. His Majestic having before his part-
ing out of that toun, caused searche the said Erie of Gowrie's
pockets, incace anie letters that might further the discoverie of
that conspiracie might be found therin ; but nothing was found in
them, but a little closse parchement bag, full of magicall characters,
and words of inchantment, wherin, it seemed, that he had putt his
confidence, thinking himself never safe without them, and there-
fore, ever caried them about with him : being also observed, that
whill they were upon him, his wound wherof he died bled not ; but
incontinent, after the talking of them away, the blood gushed out
in great abundance, to the great admiratioun of all the beholders :
an infamie which hath followed and spotted the race of this hous
for manie descents, as is notoriouslie knowne to the whole countrie.
" Thus the night was farre spent, being neere eight houres at even-
ing, before his Majestic could, for the great tumult that was in the
toun, depart out of the same. But before his Majestic had riddin
foure myles out of the same, toward Falkland, although the night
was verie darke and rainie, the whole way was cled with all sort of
people both on hors and foote, meeting him with great joy and
acclamatioun. The frequencie and concourse of persons of all
degrees to Falkland the rest of the weeke, and to Edinburgh the
•nixt, from all the quarters of the countrie ; the testimonie of the
subjects' heartie affectioun and joy for his Majestie's deliverie,
expressed everie where by ringing of bells, bonefires, shooting of
gunnes of all sorts both by sea and land, &c., with all other things
ensuing therupon, I have of sett purpose pretermitted, as weill
knowne to all men, and impertinent to this discourse, contenting
my self with this plaine and simple narratioun ; adding onlie for
explanatioun and confirmatioun therof, the depositiouns of certane
persons who were ather actors and eye-witnesses, or immediat
hearers of these things that they declare and testifie. Wherin if
the reader sail find anie thing differing from this narratioun ather
in substance or circumstance, he may understand the same to be
IGOO. OF THE KIRK OF SCOTLAND. 45
uttered by the clcponer in his owne behove, for obteaning of his
Majestie's princelie grace and favour."
THANKSGIVING AT THE CROCE OF EDINBURGH FOR THE KING'S
DELIVERIE.
This relatioun came not furth so full and in print, till a moneth
after, that it was perceaved that manie did not beleeve the reports
that were made by word, or by particular informatiouns in writt,
which varied among themselves. When the brute of the fact came
to Edinburgh, upon Wedinsday the sixth of August, by nyne
houres in the morning, and a letter from the king to the counsell
at ten houres, the ministers of Edinburgh Avere charged to com-
peere before the counsell. They compeere. The king's letter was
read, bearing that the king was delivered out of danger, and that,
therefore, the ministers sould be commanded to goe to the kirk,
conveene the people, ring bells, and give praise to God. But
before they could give their answere, the proveist and some of the
counsell were sent for by the Lords and Secreit Counsell, and,
therefore, were dismissed before they made answere. In the meane
tyme, the ministers goe to the East Kirk, to advise. They
find they could not enter in particular defence of the treasoun,
seing the king made no mentioun of treasoun in his bill, and the
reports of courteours varied among them selves. Whill they are
thus consulting, cometh a macer, and chargeth them to compeere
before the Lords of Secreit Counsell. They appoint Mr Robert
Bruce to be their mouth. The Erie of Montrose, chancellor, desired
them to goe to the kirk, to praise God for the king's miraculous
deliverie from that vile treasoun. They answered all in one voice,
they were not certan of the treasoun, and, therefore, could make
no mentioun of it ; but would say, in generall, that he was delivered
from a great danger ; or otherwise, if their lordships would give
them leasure, till they get the certaintie, they sould not onlie blaze
the treasoun, but also be content that his hous were made a jakes.
The lords said, it sould be sufficient to read his Majestie's letter.
46 calderwood's histoeie 1600.
They answered, they could not reade his letter, and doubt of the
trutlie of it : it were better to say, generallie, " If the report be
true." The Lords of Secreit Consell would not be content with
" Ifs" and " Ands." In the meane tyme cometh in Mr David
Lindsey, and sheweth that he had beene at Falkland, and telleth
the historie of the fact. It was thought meete, in respect he heard
the narratioun out of the king's owne mouth, that he, instead of
the rest, sould give praise to God. The consent of the ministers
was craved. Mr Robert Bruce answered, If he spake the truthe as
he would be answerable to God, he was weill content. So Mr
David Lindsey went with the Lords of Counsell to the mercat
Croce of Edinburgh, and after he had made an harrangue for the
purpose, the people, with discovered heads, praised God ; the bells
rang, the cannons of the casteU were shott betweene three and
foure after noone, and bonfires were sett out before everie hous
that night. The ministers thought the counsell had beene satis-
fied ; but they report hardlie of them to the king.
THE ERLE OF GOWRIE's BRETHER ESCAPE APPREHENDING.
The same night, the sixt of August, the Maister of Orkney and
Sir James Sandelands, with some horsemen, raid to Dirleton, to
apprehend the Erie of Gowrie's two brethrein, William and Patrik
Ruthven. But they were removed half an houre before, after
advertisement made from court, by one Kennedie. The Countesse
of Gowrie caried her self soberlie, till it was said, no evill sould
betyde them, but onlie they sould be committed to the custodie of
the Erie of Montrose, chancellor : then she burst furth in these
words, " Ah, ah, false tratour, theefe ! sail my barnes come in his
hands ?"
BONEFIRES.
This night, bonefires were sett out upon Arthure Seate, Faw-
side Hill, and all high places farre and neere, on this and the other
side of the water.
1600. OF THE KIRK OF SCOTLAND. 47
Becaus manie doubted of the report that was made by the king
and courteours, manie means were used to make good the report,
with presumptiouns and testimoneis which were gathered out of
the depositiouns of some persons which were examined. Upon the
nynth of August, James Wemes of Bogie was sworne and examined,
who depouned as followeth, at least as it is extant in print : —
" Apud Falkland, 9 August 1600, in presence of the Lord
Chanceller, Lord Treasurer, Lord Secretar, Lord Comp-
troller, Lord Advocat, the Lord InchafFrey, and Su'
George Hume of Spott, knight.
" James Wemes of Bogie, of the age of twentie-six yeeres or
thereby, sworne and examined upon the forme and maner of
behaviour of late Johne Erie of Gowrie, the tyme of his being with
him at Strabran, or if he had heard the said erle make anie motiouu
of the treasoun intended against his Majestie ? Depons, that he
nather heard nor saw anie appearance of anie suche intentioun in
the said erle.
" Demanded, if he was in anie purpose with the said erle, anent
anie maters of curiositie ? Depones, that at their being at Strabran,
some of their companie found an edder ; wliich being killed, and
knowledge therof comming to the erle, the erle said to this depon-
ner, ' Bogy, if the adder had not beene slaine, yee sould have scene
a good sport : for I sould have caused her stand still, and she sould
not have preassed away, by pronouncing of a Hebrew word ;' which
in Scotch is called ' Holinesse,' but the Hebrew word the depon-
ner remembreth not of; and that the erle said, he had putt the
same in practise of before. And this deponner enquiring at the
erle where he did gett the Hebrew word, the erle answered. In a
cabalist of the Jewes, and that it was by traditioun. And the
depouner inquiring what a cabalist meanned, the erle answered. It
was some words which the Jewes had by traditioun, which words
were spokin by God to Adam in Paradise, and, therefore, were of
greater force and efficacie than anie words which were excogitated
48 calderwood's histopje 1600.
since by proplieits and apostles. The deponner enquiring, if there
was no more requisite but the word, the erle answered, That a firme
fsiith in God was requisite and necessar ; and that this was no
mater of mervell amongst schollers, but that all these things were
naturall. And that the erle shew to this deponner, that he had
spokin with a man in Italie : and, first, hearing by report, that he
was a necromancer, and therafter being informed that he was a
verie learned man, and a deepe theologue, he entered in further
dealinsr with him, anent the curiositeis of nature.
" Depones further, that the said erle reported to him, that he
being at the musick, he fell in companie with another man, who,
stairing in the erie's face, spake to the rest of the companie things
of him, which he could never atteane unto, nor be worthie of ; and,
therefore, that the said erle reproached him, and desired him to
forbeare these speeches ; and that he meet again with the said man
in a like companie, who did begin with the same language which
he had spokin of before, and that the erle said unto him, ' My freind,
incace yee will not hold your peace from specking lees of me, I will
make you hold your peace, by specking sooth of you,' — and said unto
him, within suche a space, he sould be hanged for suche a cryme.
And so it came to passe. The deponner inquiring of the erle who
told him tliat ? he answered mirrilie, that he spake it by gesse, and
it fell out so. And that the erle said farther, it was nothing to
make an herbe-flesh, that would dissolve in flees ; and that likewise,
it was possible that the seed of man and woman might be brought
to perfectioun otherwise than by the matrix of the woman ; and
that this deponner counselled the erle to bewar with whom he
did communicat suche speeches; who answered, that he would
speeke them to none but to great schollers, and that he would not
have spokin then to this deponner, if he had not knowen him to be
a favourer of him, and a freind of his hous, and would not reveele
the same again, seing he knew they would be evill interpreted
amongst the commoun sort.
{Sic suhscrihitur) " J. AVemes OF BoGlE."
IGOO. OF THE KIRK OF SCOTLAND. 49
In the first proclamatioun after the slaughter, the armed man
who sould have assisted Mr Alexander in the studie to slay the
king was named Oliphant, and described to be a blacke grim man.
But when that could not be made out, they named others ; one
Leslie, and sometimes Younger. This Younger, servitour to the
Erie of Gowrie, was in Dundie when the fact was committed.
"VA'hcn he heard that it was bruted he was the man, he addresseth
himself to come to Falkland to the king, to purge himself, but was
slaine by the way, by Captan Harie Bruce, now colonell, in a corne-
rig ; and when he was brought to the croce of Falkland, Mr Patrik
Galloway said to the king, " Now, sir, the man which sould have
helped to have done the deid, he could not be gottin alive, but
there he lyeth deid." And yitt, IMr Patrik, as was constantlie
reported, moved Andrew Hendersone to take upon him, that he
Avas the armed man who sould have assisted Mr Alexander. Cer-
tan it is, that Mr Patrik and he were familiar of old, becaus he
being Gowrie's chamberlane, payed Mr Patrik a pensioun out of
the abbacie of Skoone. His pensioun was doubled afterward by
the king, whereby the suspicioun was confirmed ; as also, by reasoun
he was not a blacke grim man, as was described in the proclama-
tioun, but a man of lower stature, rudie countenance, and browne
bearded, it was collected, that he could not be the man ; yea, the
king himself being demanded, the day after the fact, whill he
was at the hunting, by * * * * Goodman of Pitmillie, whether
Andrew Hendersone was the man ? answered, that it was not he ;
he knew that smaike weill eneugh.
Upon the Sabboth day, the tenth, which was the Sabboth after
the murther, there were scene in the loodging where the fact was
committed, men opening and closing the windowes Avith great
flaffing, comming to the windowes, looking over, and wringing
their hands ; and the day following, suche mourning heard, that
the people about were terrified. Wherupon Mr Davidsone, in his
jNIemorialls, hath this observatioun : — " Ferunt, in ea clomo qua ccedes
Caligulce peracta est, yiullamjam inde noctem sine terrore transactamy
quoad incendio consumpta sit." — Sahellicus, Tom. ii. ; ^nead., vii.
VOL. VI. I>
50 calderwood's historie 1600.
lib. 2. This Caligula slue his owne brother Geta, and would have
made the senate beleeve that Geta would have slaine him. He
desired Papinianus the Jurisconsult to make an apologie for him.
Papinia.nus ansAvered, " Facilius est parricidium perpetrare, quam
excusare ;''^ for Avhich caus he was putt to death at Caligula his
command.
Upon Moonday, the elleventh of August, the king boated at
Clanesse, by east Bruntiland, about twelve houres, but landed not
at Leith till betweene foure and five. It was marked that there
was ebbing and flowing three tymes at that tyde ; that the water
betuixt Leith and Bruntiland was blackish ; that the shippes in
Leith haven were troubled with the swelling of the water.^ A
gi'eat noise of shott of cannon and hacquebutts [Avas] at his landing,
as if he had beene new borne. The citicens of Edinburgh were
attending upon him in theu- armes. Mr David Lindsey, minister
at Leith, taketh liim to the kirk, exhorteth him, after thanksgiving,
to performe his vowes made before tymes for performance of jus-
tice ; at which words he smyled, and talked with these that were
about him, after his unreverent maner of behaviour at scrmouns.
Therafter, he went up to Edinburgh, and satt upon the Mercat
Croce, clothed with tapestrie, accompanied with some of the
nobilitie, where Mr Patrik Galloway made a sermoun to the people
conveenned about the Croce, and the king an harangue, both tend-
ing to perswade the people that Gowrie and his brother had verilie
conspired the king's death, and were slaine in the executioun of
their enterprise. Mr Patrik Galloway's text was taikin out of the
i24th Psalme. The substance of Mr Patrik's harangue or sermoun
heere followeth : —
" David the king composed this Psalme, after that he had beene
freid from the great danger of his deidlie eneraeis. In it he does
three things especiallie ; setts doun his danger, his deliverie from
the danger, and his thankfulnesse to God for his deliverie ; and in
^ A little before the accident, the sea being about low water, ranne up above the
sea raarke, higher than anie stream tide, through all the coast-side of Fife, and
incontinent retired again to almost a low water. — I^ote in the Original.
IGOO. OF THE KIRK OF SCOTLAND. 51
suche sort, that almost all the three are included in everie verse.
His danger was this, that he had fallin into the hands of men, and
men onlie ; natm-all men that had not a spunke of grace, or of
that spirit. And the thing that aggredges his danger is the pro-
perteis of these men, crueltie and craft, which became rather brute
beasts nor men. Their crueltie is sett doun by two comparisouns
tane from beasts ; another tane from waters and floods proud and
swelling, that with their force carie with them everie thing that is
objected to their force. Their craft is sett doun by a similitude
tane from the fouller, who, by his craft, overcomes the poore foule
with his nett, and catches it. This is the danger David was in.
Or I goe ford ward, I observe a lessoun, and that for your INIajestie's
use. Sir, I see that this is not the first tyme that kings, good
kings, even kings whom the Lord has chosin according to his owne
heart, have fallin, by God's permissioun, into the hands of men, men
cruell and craftie, and have beene delivered also from them. But
Avhereto ? Not to the end they sould live according to the fashioun
of the world ; but that they sould be new men, and shew their grati-
tude to God, as David did heerof, which we sail speeke heerafter.
As for his deliverie, it was not from man, but from God ; and,
therefore, he openlie proclames, that except the Lord had beene
with us, men had swallowed him up, according to the fashioun of
beasts ; and, therefore, takes him to God, which is his gratitude,
and ascribes his deliverie whollie to him, whill he says, * Our helpe
is in the name of the Lord.'
" This, shortlie, concerning the danger that David was in ; his
deliverie, and thankefulnesse for his deliverie. The like cans we
have in hand presentlie. Our king, our David, our anointed, has
beene in danger deidlie, and is delivered, praised be God, for the
which, both yee, and we, and he, have occasioun to be grate and
thankfull to the Majestic of God, the deliverer. As to his danger,
it is like David's : he fell in the hands of men, and men onlie.
For as to that man, Gowrie, lett none thinke, that by this trater-
ous fact of his, our religioun has receaved anie blott ; for one of
our religioun was he not, but a deepe dissimulat hypocrit, a profound
52 calderwood's iiistorie 1600.
atheist, and an incarnat devill in tlie coat of an angell, as is most
evident, both by his tratorous fact which he has attempted, and
also by sindrie other things which we have receaved by his famihars
and the most deere and neere of his freinds, and the bookes which
he used, which prove him plainUe to have beene a studier of ma-
gick, and conjurer of devills, and to have had so manie at his com-
mand ; his maner of living without the countrie, in banting with
Papists ; yea, the Pope himself, with whom he had not conference
onlie, but farther, has made covenants and bands with him, as
appeares verie weill. For since his home-comming, he has travelled
most earnestlie with the king, and his Majestic has receaved from
him the hardest assault that ever he did ; from him, I say, to revolt
from rellgioun ; at least, in inward sinceritie to interteane purpose
with the Pope, and he himself promised to furnish intelligence.
Was suche a man of the religioun ? or can anie man say, that our
religioun is stained by the doings of suche a man ? No, not. He
was nothing but a man, and our David's danger was, that he had
fallin into the hands of men. Now, that yee may know the danger
the better, I sail recite the historic to you, even as it was before
my God, who one day sail be my judge, as he sail beare me record,
and before my prince and soveran, and before you all, who one day
sail stand up and beare witnesse against me, incace in anie point
I lee.
" On Tuisday last was, Alexander Kuthven came to Falkland
to his Majestic, and found him at his pasty me, and desired him to
goe to St Johnstoun : and so he leads him from Falkland to Perth,
as a most innocent lambe, from his palace to the slaughter-hous.
There he getts his dinner, a cold dinner, yea, a verie cold dinner,
as they knew who were there. After dinner, Alexander Ruthven
leads his Majestic up a turnepycke, and through a trance, the doore
whereof, so soone as they had entered in, checked to with a locke ;
then through a galrie, whose doore also checked to ; through a
chamber, and the doore therof checked to also ; and, last of all,
brings him to a rounde, skarse six foote braid, and six foote wyde ;
and the doore therof he locked also. In the which there was
1 600. OF THE KIRK OF SCOTLAND. 53
standing an armed man, with a drawin dagger in his hand, to have
done this fiUhie turnc, the most unnatural!, and contrare that duetie
we owe to princes. Then Alexander covereth his head, and sayes,
* I am sure, thyne heart accuseth thee now : thou was the death
of my father ; and heere is a dager, to be avenged upon thee for
that death.' Now, judge yee, good people, what danger your
David was in, when, as an innocent lambe, he Avas closed up be-
tuixt two hungrie lyouns thirsting for his blood, and foure lockes
betuixt him and his freinds and servants, sua that they might
nather heare nor hearkin unto him.
" This was his danger. But what sort of deliverie gott he ? It
was whollie miraculous ; altogether to be ascribed to God, and no
part to man. And among manie that occurred, I sail point out
unto you five or six circumstances, which yee will all call and ac-
knowledge to be miraculous. And, first, his Majestic standing be-
tuixt two armed men, without all kinde of armour, having nothing
on but his hunting home about his necke, when he, at his entrie,
sould have beene astonished at the sight of an armed man to take
his life, yitt, on the contrare part, this man was so astonished at
his sight, that he might nather move foote nor hand. Was not
this miraculous ? But yitt farther ; when Alexander had tane him
by the gorgett, and had holdin the dager to his breast, not two
inche from it, sua that there was skarse two inche betuixt his
death and his life, yitt even then, by his gracious, Christian, and
most loving words, he overcame the tratour. His words were
these : ' Mr Alexander, consider that yee are a Christian, and,
farther, that hitherto yee have beene trained up in the principles
and grounds of Christianitie ; and then, consider how yee were
brought up in the schoole, which has sent furth manie noble and
holie youths, the colledge of Edinburgh, under Mr Robert Rol-
lock, that holie man, and most worthie of all good memorie, who
could never have taught you to putt hand in your prince. And,
last of all, Mr [Alexander,] suppose yee take my life, nather yee
nor your brother will be king after me ; yea, the subjects of Scot-
land Avill roote you out, and all your name.' The words so moved
54 CALDERWOOD'S HISTOEIE 1600.
the heart of the tratour, that he beganne to enter in conditiouns
with the king, and made him sweare (which he also did) that all
these things sould be forgott, and that after he sould ever be
favourable to him and his brother. And so, he went furth to his
brother, from whom he receaved commissioun to dispatche him
halstille. He then comming up again, brings a paire of silk garters
in his hand ; and after he had locked the doore, sayes, ' Tratour,
thou must dee ; and, therefore, lay thy hands together, that I may
bind thee ;' — to the intent, no doubt, that he being bound, they
might have strangled him, and cast him in a cave or pitt, which
they had prepared for that use, that no blood being found, his
freinds might misse him without suspicioun, and not witt where to
seeke him. Now, heere is the thrid miracle. The king answers
the tratour, ' I was borne a free prince, I have lived hitherto a
free prince, I sail never dee bound.' With this everie one of
them grippe to others gorgetts, whill in wrestling, the king over-
comes, and getts him under him. Now, is not this miraculous,
will anie consider it ? The Maister of Gowrie, an able young man,
in comparisoun with the king, I am assured, had strenth double,
yea, and threefold greater nor the king, and yitt is overcome and
cast under. When they are thus wrestling, up comes Johne Ram-
say by the blacke turnepycke, and, at the king's command, gives
the maister a deid stroke. Now yitt a miracle. My lord being in
the closse, when he heard that the maister was slaine, so he had
bewitched the hearts of thir people of Perth, by the counterfooted
vertues he had begunne to kythe amongst them, that if he had
ciyed, ' My brother is murthered !' that same people had sacked
that same whole hous. But yitt, so the Lord directs by his pro-
vidence, that he comes up the staire immedlatlie, with eight with
him. And marke how that same word, which they had prepared
to be a word for the keeping closse of their knaverie, God used, to
be a meane for preservatioun of the prince. For they had appointed
this for their Avatcheword, ' The king is gone to the Inche ;' which
word his servants hearing, ranne about, to meete his Majestic in
the Inche. And going by the window where the king and the
1600. OF THE KIKK OF SCOTLAND. 55
maister were wrestling, [they] heard the king's screiches and cryes,
which have tane suche impressioiin in their heart, that, so long as
they live, will never goe out of them ; and are heere sitting, to
beare witnesse to it. The cry was, ' Treasoun ! fy, helpe, Erie of
Marr ! I am murthered.' The king's servants hearing the cryes,
incontinent came up this blacke turnepycke. Now, yitt a miracle.
Into the chamber with the king are onlie foure ; two lades and two
men, and one of them mutilated. My lord, a man weill exercised
in his amies, conies up, and eight with him, and at the first, calles ^
up all thir foure in a nuike, and never rests, whill Johne Kamsay
chanced to cry, ' Fy upon thee, cruell tratour ! has thou not done
evill eneugh ellis ; thou has gottin the king's life cllls, and would
thou have ours ?' At which speeches he drew a little backe, and,
in backe going, he gott the stroke wherof he died.
" This is the verie truthe of the fact, which I have receaved, not
by the king's Majestic, but by him who ould have beene the doer
of the turne. He is living yitt, he is not slaine ; a man weill
eneugh knowne to this toun ; Andrew Hendersone, chamberlane to
my Lord of Gowrie. This day I receaved a letter from him, sub-
scribed by his owne hand. Anie man that would see it, come to
me, and see if they can know his hand writt, for their satisfactioun.
The tenor of the letter is this : —
" ' It is of truthe, that on Tuisday last, I was commanded by my
Lord of Gowrie to ryde to his brother, to Falkland ; frorae the
which he sent me backe again, to tell my lord that the king was
comming, and to bid prepare for his comming. My lord commands
me to putt on my secreit and my plaitt sleaves, and to await on
the maister, and doe what ever he bade me. At the maister's
lighting I went to him, and told him of my lord's command which
1 had receaved. He takes me with him up a turnepycke, through
a trance, a galrie, and a chamber, and lockes me into the round
that goes off the chamber. At which doing I beganne to grow
feared, and suspect some evill against the king ; and then I tooke
me to my knees, to pray, that it would please his Majestic, never
^ Drives.
5G calderwood's iiistoeie 1600.
to suffer me be Imployed to suche a turne. And whill I was sitting
on my knees, Mr Alexander came with the king in his hand,' —
The rest of his narratioun differeth almost nothing from this which
yee have heard, according to the king's informatioun. This onlic
he shewes, the manor how he has escaped to have beene thir's :
When the king and the maister were wrestling, he opened the
doore, and went doun by the blacke turnepycke, by the which the
king's servants came up, and saved him.
" This is the veritie, which will satisfie anie good subject : for as
for these rumours that goe, that the king was a doer and not a
sufferer, a persuer and not a persued, it is not true norlikelie. For
thinke yee, having suche a turne in his hand, he would goe to the
toun in which he was so muche esteemed, accompanied with so few
folkes, onlie ten persons ; and suche men who, as I am assured,
would have beene content to have bled their whole blood with
my Lord of Gowrie, if it had not beene in an actioun against the
king ? — the duke, his good-brother, the Erie of Marr, his god-
father, who, at that unhappie and accursed tyme he was baptized,
gave him the name. As for suche as will not be satisfied with
this, let them perish in their incredulitie. There are evidences enew
of this veritie. Now, what am I that speeke these things ? One,
as I i^rotest before God, who loved the Erie of Gowrie better than
anie flesh in the earth except his Majestic."
After his harangue was ended, they sang the 124 psalme.
Mr Patrik Galloway his harangue did not perswademanie, part-
lie, becaus he was a flattering preacher, partlie, becaus others were
named before Hendersone, to be the armed man in the studie, to
witt, Oliphant, Leslie, and Younger who was slaine.
Upon Tuisday, the 12th of August, the ministers of Edinburgh
were charged by a macer to compeere before the king and coun-
sell. The king demanded at Mr Robert Bruce, in name of the
rest, why they disobeyed him and his counsell, and would not
praise God for his delivcrie ? They answered, they had not dis-
obeyed, but were all readie to have praised God for his Majestie's
deliverie generallie, as they did ujion the Sabboth immediatlie
1600. OF THE KIRK OF SCOTLAND. 57
foUoAving ; but they could not descend into particulars, to qualifie
what sort of danger it was, in respect they had no certantie.
" Had yee not my letter," sayes the king, " to shew you the cer-
tantie?" " Sir," said Mr Robert, " your letter did beare no par-
ticular, but made mentioun onlie of a danger in generall, and we
were content to follow it." " Could not my counsell," said the
king, " assure you of the particulars?" and with all, addresseth
himself to the president: " Assured yee not them?" sayes he to
the president. The president answered, " Yes, Sir, we all assured
them of the certantie of the treasoun." " Sir, with their Honours'
[permission,] " said Mr Robert, " they had receaved no informa-
tioun, except David Moses' bill, and Johne Grahame of Balgonie
his report, who came in the meane tyme when the lords were sit-
ting at counsell. And the two reports did so fight against other,
that no man could find anie certantie." The secretar riseth up,
and said, they agreed verie weill. The president said the like.
Mr Robert answered, he had David Moses' letter to show, which
would testifie the contrare. The king asked, at last, " How are
yee yitt perswaded ? Yee have heard me, yee have heard my
minister, yee have heard my counsell, yee have heard the Ei'le of
Marr tuiching the report of this treasoun : whether are yee yitt
fullie perswaded or not?" " Surelie, Sir," sayes Mr Robert, " I
would have farther light, before I preached it, to perswade the
people. If I were but a privat subject, not a pastor, 1 could rest
upon your Majestie's report, as others doe." Then the king asked
Mr James Balfour, "Are yee fullie perswaded?" He answered,
" I sail speeke nothing to the contrare, Sir." " But are yee not
perswaded?" sayes the king. "Not yitt. Sir," said he. Mr
William Watsone answered after the same maner. Mr Walter
Balcalquall said, that he would affirme all that Mr David Lindsey
preached in pulpit, in presence of his Majestic. " What said Mr
David?" sayes the king. " Mr David founded himself," said he,
" upon your MaJ£stie's report, and made a faithfull rehearsall of
your report ; and so sail we." " Thinke yee," sayes the king,
" that Mr David doubted of my report ?" Mr David was sent for
58 calderwood's iiistoeie 1600.
incontinent. The king said unto him, " Are yee not certanelie
persAvaded of this treasoun?" " Yes, Sir," sayes he, " I am per-
swaded in conscience of it." " Now," sayes the king, " Mr Walter,
are yee surelie perswaded indeid?" "Sir," sayes he, " I would
have farther tyme and light." Then the king asked at Mr Johne
Hall, " Are yee fullie perswaded ? " He answered, " I would have
the civill tryell going before. Sir, that I may be perswaded." Then
the king asked at Mr Peter Hewatt, " Mr Peter, whether are yee
yitt perswaded or not?" " Sir," sayes he, " I suspect not your pro-
clamatioun." "But whether belceve yee it or not?" sayes the
king. " The president heard," said he, " what I said the last Sab-
both." The president began to justifie him, but the king insisted,
saying, " Lett me heare himself: whether beleeve yee my pro-
clamatioun or not?" sayes the king. " Sir," sayes he, " I beleeve
it."
So they were all removed ; and after a great space, the macer
cometh to them, with a roll in his hand, wherin all their names
were Avrittin, and a score drawin upon Mr Peter and Mr George
Robertson's name. Mr Peter and Mr George were not called in :
the rest were called. The chanceller pronounces the sentence :
First, they are discharged preaching, under paine of death, through-
out all the king's dominiouns. Nixt, they were charged to remove
out of Edinburgh within fortie-eight houres after the charge, and
not to come neere Edinburgh by the space of ten myles, under
paine of death. They thanked the Lord heartllie, and said, their
sentence was verie welcome, and so departed out of the counsell
hous.
Upon the day following, they gave in a new supplicatioun to
the counsell, with commoun consent, wherin they offered three
things : 1. To give God thanks for his Majestie's deliverance, most
heartilie. 2. To make faithfull report, as his Majestic had deli-
vered to them, of the whole historic tuiching that treason. 3. They
offered to speeke nothing In the contrare, but to doe all the good
offices which might serve to nourish his Majestie's credit and esti-
matioun in the hearts of the people. Everie man who saw it
1600. OF THE KIRK OF SCOTLAND. 59
thought their siipplicatioun could not be refused; yitt was it
refused, and answered upon the backe after this maner: 1. That
they sould confesse a fault, and crave his Majestie's pardoun most
humblle. 2. That they sould esteeme the historic of this treasoun
an undoubted truthe, and publish it as an undoubted truthe to
their flockes. They seing their bill refused, craved prorogatioun
to their day, that they might have farther light, which was refused
also. So, upon Thursday, in the morning, the 14th of August,
they departed off the toun.
This occasioun was gripped at to overthrow the ministrie at
Edinburgh, which crossed the court in all their evill proceedings,
and was a terrour to the sessioun, nobilitie, and others of the land,
to restraine them from impietie, injustice, and all wickednesse.
Mr Robert Bruce, speciallie, was hatCd for his uprightnesse, and
oppositioun to the episcopall course ; for which caus he was never
suffered to returne to Edinburgh again to this houre. So the king
and counsell usurped the place and authoritie of the kirk, and
deprived them of the exercise of the ministrie within the countrie,
by their owne authoritie.
Muche labour was taikin to gett confirmatioun of the report
which was made by witnesses, at least by presumptiouns grounded
upon former evil practises, wherewith the erle was burthenned,
that it might be thought the more probable. Mr William Rind,
his pedagogue at the schooles, both at home and in Italic, was tor-
toured in the boots, where he gott * * chops, so that his legs
were crushed, and he sorelie tormented. But they could never
extort out of him anie privitie or knowledge of the fact. His
dcpositioun, as it is extant in print, I have heere insert : —
" Apud Falkland, 20 August, 1600. — In presence of the
Lords Chanceller, Treasurer, Advocat, Comptroller, and
Sir George Hume of Spott, Sir Robert INIelvill, and
Sir James Melvill, Knights.
" Mr William Rind sworne and examined, and demanded where
60 calderwood's iiistorie 1600.
he first did see the characters which were found upon my lord,
depons, that he having remained a space in Venice, at his return-
ing to Padua, did find in my lord's pocket the characters which
were found upon him at his death. And the deponner inquyring
of my lord, where he had gottin them ? my lord answered, that by
chance he had copied them himself; and that the deponner knowes
that the characters in Latine are my lord's owne hand writt, but
he knowes not if the Hebrew characters were writtin by my lord.
Depons further, that when my lord Avould change his cloths, the
deponner would take the characters out of my lord's pocket, and
would say to my lord, 'Wherefore serve these?' and my lord
would answere, ' Can yee not lett them be ? they doe you none
evill.' And further, the deponner declairs, that some tymes my
lord would forgett them untill he were out of his chamber, and
would turne backe as he were in an anger, untill he had found, and
putt them in his owne pocket. Depons further, that he was sindrie
tymes purposed to have burnt the characters, were not he feared
my lord's wrathe and anger, seing when the deponner would pur-
poselie leave them some tyme out of my lord's pocket, my lord
would be in suche an anger with the deponer, that for a certane
space he would not speeke with him, nor could find his good coun-
tenance ; and that to this deponer's opinioun, my lord would never
be content to want the characters off himself, from the first tyme
that the deponner did see them in Padua, to the houre of my lord's
death. Being demanded for what caus my lord keeped the charac-
ters so Weill, depons, that to his opinioun, it was for no good,
becaus he heard that in these parts where my lord was, they would
give sindrie folkes breeves. Depons further, that Mr Patrik Gal-
loway did lett the deponer see the characters, since he came to
this toun of Falkland, and that he knowes them to be the verie
same characters which my lord had.
" Depons also, that upon Moonday, the fourth of August, the
maister, Andrew Hendersone, and the deponner, remained in my
lord's chamber untill about ten houres at even, and after a long
conference betuixt my lord and the maister, my lord called for
IGOO. OF THE KIRK OF SCOTLAND. 61
Andrew Hendersone, and after some speeches with him, dismissed
them. Denyes that he knew of the maister's or Andrew Hender-
son's ryding to Falkland. And after Andrewe's returne from
Falkland, upon the morrow, howbeit he did see him booted, yitt he
knew not that he was come from Falkland. Depons, that my
lord being at dinner when the maister came in, the deponner heard
my lord say to the maister, ' Is the king in the Inche ?' and with
that he did rise, and said, ' Lett us goe.' But the deponner
knowes not what the maister said to my lord.
" Being: demanded if he did see anie kinde of armour or wea-
pouns, except swords, in the king's companie ; depons, that he did
see none.
" It being demanded how the deponner w^as satisfied with my
lord's answere made to him concerning the king's comming to St
Johnstoun, saying, that he knew not how he came ; declairs, that
he tliought that my lord had dissembled with him, and that he be-
hoved to have knowne it, seing his brother was come with his Ma-
jestic, before that he demanded of him, and that he had conferred
with my lord privilie.
" Depons, that he knew not that the maister was riddin to Falk-
land, untill after his Majestie's comming to St Johnstoun, that
Andrew Euthven told him, becaus the deponer inquired at Andrew
Euthven, where the maister and he had beene ? and that Andrew
answered, they had beene in Falkland, and that the maister
having spokin with the king, his Majestic came ford ward with
them ; and that this conference betuixt the deponner and Andrew
Euthven was in the yaird, when my lord was there. And Andrew
Euthven show to the deponner, that Andrew Hendersone w^as di-
rected by the maister to shew my lord that his Majestic was com-
ming.
" Depons also, that, in his opinioun, the maister could not have
drawin the king to my lord's hous without my lord's knowledge ;
and that when he heard the tumult, he was resolved in his heart
the maister had done his Majestic wrong ; and that no true Chris-
62 calderwood's historie 1600.
tian can thinke otherwise, but that it was a high treasoun attempt-
ed against his Ilienesse by the maister and the lord.
" Depons also, that to his opinioun, the king's whole companie
was within a dossoun of men.
(Sic suhscrihitur) " Mr W. Rynd."
22d August 1000.
Mr William Rynd sworne and re-examined, if ever he heard the
Erie of Gowrie utter his opinioun anent the duetie of a wise man
in the executioun of an high interprise ; declairs, that being out of
the countrie, he has diverse tymes heard him reasoun in that
mater ; and that he was ever of that opinioun, that he was not a
wise man, that having intended the executioun of a high and
dangerous purpose, communicated the same to anie but to himself,
becaus keeping it to himself, it could not be discovered nor disap-
pointed: which the deponner declared before unrequired to the
comptroller, and Mr William CowTJer, minister at Perth. And
hearing the depositiouns of Andrew Hendersone read, and being in-
quired upon his conscience, what he thought of the fact that w^as
committed against his Majestic ? declairs, that upon his salvation,
he beleeves Andrew Henderson has declaired the circumstances
truelie.
(/Sic suhscrihitur) Mr W. Rynd.
" Apud Falkland, 20 Augusti, 1600. — ^In presence of the
Lords Chanceller, Treasurer, Advocat, Comptroller, and
Sir George Hume of Spott, Sir James Melvill, Knights.
" Andrew Hendersone sworne and examined, and demanded,
what purpose was betuixt him and the Erie of Gowrie upon Moon-
day at night, the 4th of this instant, in the said erle's chamber ;
depons, that the erle inquired of him what he would be doing upon
the moiTow ? And he answering, that he was to ryde to Ruthven,
the erle said to him, ' You must ryde to Falkland, with Mr Alex-
1600. OF THE KIRK OF SCOTLAND. 63
andcr, mj brother ; and when he directs you backe, see that ye re-
turne with all diligence, if he send a letter, or anie other advertise-
ment with you.' Depons, that the maister directed him to send
for Andrew Ruthven, to be in readinesse to ryde with them the
morrow at foure houres in the morning.
" Declairs, that they comming to Falkland, about seven houres in
the morning, the maister stayed in a loodging beside the palace,
and directed the deponner to see what the king was doing. And
the deponner finding his Majestic in the closse coming furth, he
passed backe, and told the maister, who immediatlie addressed
himself to his Hienesse, and spake with his Majestic a good space
beneath the ^equerie. And after his Majestic was on horsebacke,
the maister came to the deponner, and commands him to fetche
their horses, and bade him haste him, as he loved my lord's honour
and his, and advertise my lord, that his Majestic and he would be
there incontinent, and that his Majestic would be quiett. And
the deponer inquiring at the maister, if he sould goe presentlie, he
did bid him leape on and follow him, and not goe away untill he
had spokin with the king. And the maister having spokin with
the king at a breache of the parke wall, he turned backe and bade
the deponner ryde away.
" And the deponner making his returne in all possible haste to
St Johnstoun, he found my lord in his chamber, about ten houres,
who left the companie he was speaking with, and came to the de-
ponner, and asked, Hath my brother sent a letter with you ? The
deponner answered, ' No, but they will be all here incontinent ;'
and bade the deponner desire my lord to caus prepare the dinner.
Immediatlie therafter, my lord tooke the deponner to the cabinet,
and asked at him how his Majestic tooke with the maister, his
brother ? The deponner answered, ' Verie weill ;' and that his Ma-
jestic layed his hand over the maister's shoulder. Therafter, my
lord inquired if there were manic at the hunting with the king ?
The deponner answered, that he tooke no heed, but they who were
accustomed to ryde with his Majestie, and some English men were
there ; and that my lord inquired what speciall men were with
64 CALDERWOOD'S HISTOKIE IGOO.
his Majestie, and tliat the deponner answered, he did see none but
my lord duke. And within an houre therafter, when the deponner
came in from his owne hous, the erle bade him putt on his secreit
and plaitt sleeves, for he had an Hieland man to take ; which the
deponner did incontinent. And about twelve houres, when the
deponner was going out to his owne hous to his dinner, the stew-
art came to him, and shew him that George Craigingelt was not
Weill, and was lyne doun ; desired him to tarie, and take up my
lord's dinner. And about halfe an houre after twelve, my lord
commanded him to take up the first service. And when the de-
ponner was commanded to take up the second service, the maister
and William Blair came in to the hall to my lord. The deponner
remembreth himself that Andrew Kuthven came before the maister
a certane space, and spake with my lord quietlie at the table, but
heard not the particular purpose that was amongst them. And so
soone as the maister was come to the hall, my lord and the whole
companie rose from the table ; and the deponner hearing the noice
of their furth going, suppouned they were going to the Mack-
breakes for Mackildouy. And the deponner sent his boy for his
gauntlett and his Steele bonnet ; and seing my lord passe to the
Inche, and not to the Shoe Gate, the deponner did cast his gaunt-
lett in the pantrie, and caused his boy take his Steele bonnet to his
owne hous, and he followed my lord to the Inche. And returning
backe with his Majestie to the loodging, being directed to gett
drinke, the maister came to the deponner, and did bid him caus
Mr William Rynd send him up the key of the galrie chamber, who
past up, and delivered the key to the maister ; and immediatlie my
lord followed up and did speeke with the maister, and came doun
ao-ain, and directed Mr Thomas Cranstoun to the deponner, to
come to his Lordship in his Majestie's chamber ; and that my lord
directed him to goe up to the galrie to his brother ; and immedi-
atlie my lord followed up, and commanded the deponner to byde
there with his brother, and to doe anie thing that he bade him.
The deponner enquired at the maister, ' What have yee to doe,
Sir?' The maister answered, ' Yee must goe in here, and taric till
1600. OF THE KIRK OF SCOTLAND. 65
I come backe ; for I will take the key with me.' So he locked the
deponner in the round within the chamber, and tooke the key with
him.
" Shortlie therafter, the maister returned, and the king's Majestic
with him to the said cabinet in the round ; and the maister open-
ing the doore, entered with the king into the said round ; and at
his verie entrie covering his head, pulled out the deponner s dager,
and held the same to his Majestie's breast, saying, ' Kemember you
of my father's murther ; ye sail now dee for it.' And minting to
his Hienesse heart with the dager, the deponner threw the same
out of the maister's hand, and swore, that as God sail judge his
soule, if the maister had reteanned the dager in his hand the space
that a man would goe six steppes, he would have stricken the
king to the hilts with it. But wanting the dager, and the king's
Majestic giving him a gentle answere, he said to the king's Majes-
tic with abominable oaths, that if he would keepe silence, nothing
sould aile him, if he would make suche promise to his brother as
they sould crave of him. And the king's Majestic enquiring what
promise they would crave, he answered, that he would bring his
brother. So he goes furth, and locks the doore of the round upon
his Majestic and the deponner, having first takin the king sworne
that he sould not cry nor opin the window. And his Majestic en-
quiring at the deponner what he was, he answered, ' A servant of
my lord's.' And his Majestic asking at the deponner if my lord
would doe anie evill to him ? the deponner answered, ' As God sail
judge my soule, I sail dee first.' And the deponner preassing to
opin the window, the maister entered, and said, ' Sir, there is no
remedie ; by God you must dee :' and having a loose garter in his
hand, preassed to have bound his Majestie's hands. And the
deponner pulled the garter out of Mr Alexander his hand, and then
the maister did putt one of his hands in his Majestie's mouth, to
have stayed him to speeke, and held his other arme about his Hie-
nesse' necke ; and that the deponner pulled the maister's hand from
his Hienesse' mouth, and opened the window, and then his Majestie
VOL. YI. E
66 calderwood's histofje 1600.
cryed out tlierat. Wherupon his Hicnesse' servant came in at the
gate ; and tliis deponner did runne and opin the doore of the tiirne-
pycke head, wherat Johne Ramsay entered ; and the deponner
stood in the chamber, imtill he did see Johne Eamsay give the
maister a stroke ; and therafter, privilie convoyed himself doun the
turnepycke to his owne hous ; and the deponner's Avife enquiring
of him what tlie fray meanned ? the deponner answered, that the
king's Majestie woukl have beene twise sticked, were not he
releeved him.
(Sic suhscribitur) " Andrew Hendersone,
" with my hand."
" Further, the said Andrew Hendersone depons, that after his
returning from Falkland, upon the fyft of this instant, Mr Johne
Muncreif inquiring of him where he had beene, he answered, that he
had beene beyond the Bridge of Erne ; and sayes, that he gave that
answere to Mr Johne, becaus my lord commanded him to lett no
man know that he was to ryde to Falkland ; and that my lord's
directioun to him was, to come backe with his brother Mr Alex-
ander's answere, and to leave Andrew Euthven to await upon the
maister.
(Sic suhscribitur) " Andrew Hendersone,
" with my hand."
" Further, the said Andrew Hendersone depons, that when he
had taikin the maister's hand out of the king's Majestie's mouth,
and was opening the window, Mr Alexander said to him, ' Will
thou not helpe ? woe betide thee, thou will make us all dee ! '
(Sic subscrihitur) " Andrew Henderson,
" with my hand."
The discourse and depositiouns abovewrittin, comming furth in
print for satisfactioun of the people, ministred occasioun of censure
and sifting, by weyghing the probabiliteis and likliehoods ; and by
IGOO. OF THE KIT5K OF SCOTLAND. C7
conferring the discourse and deposit.iouns Avith themselves, and
with the harangues made by Mr Patrik [Galloway,] and with
other reports that Avent abroad.
It Avas thought strange that two youths, of so good educatioun
and great expectatioun, sould, upon a suddane, fall to the extremitie
of AA'ickednesse and villanie. The erle was brought up imder Mr
Robert RoUock, and Avas deerelie beloved to him for his good be-
haviour, and the vertues which appeared to be in him. After the
erle past his course, the maister succeeded in the same educatioun.
The erle, soone after he came from the scholes, went to Italic,
applyed himself to his studeis in Padua, wherin he profited so weill,
that for the estimatioun they had of his learning, beside his vertues
and good cariage, that he was made Rector, for a yeere, of the
Universitie of Padua, Avhere his name and amies are yitt to be
scene. Returning homeward, he stayed in Geneva a quarter of a
yeere, where he loodged in the hous of Mr Beza, who loved him so
deerelie, that he never made nor heard mentioun of his death but
with teares. Out of GeneA^e he sent a letter to his old maister, Mr
Robert Rollock, wherin he gave tokins of his zeale to religioun,
and shewed the great contentment he had in the fellowship Avith
Beza and other learned men there. Mr Beza, within a yeere after
the fact, wrote to his tAvo exiled and distressed brethrein, "VYilliam
and Patrik, and offered them sure recept and harbour in Geneve,
if it pleased them to accept of it.
It was thought strange that they sould invite the king to their
owne hous, and there attempt anie thing against his life. For
how could they be but comptable for the king, he comming within
their gates, yea, and invited to come, as is alledged in the dis-
course ?
The pretence of the invitatioun, to witt, to see a pott of gold,
or forrane coine in gold, seemed not a device fitt to be propouned
to the king in suche a maner, viz. : that he must come in persoun
to see it ; as if the king might not committ the credit of suche a
mater to another.
HoAV could the king suspect that it was forraine coine, brought
68 calderwood's histoeie 1600.
in by some practising Papists, to be distributed in the countrie, as
is alledged in the discourse ? Could suche a quantitie of gold,
portable in a pott, or in a man's arme, disturbe the peace of the
countrie ?
If the king suspected that the felloAV that caried was some
Scotish preest or Seminarie disguised, why did the Latine editioun
conceale that he was suspected to be a Scotish preest or Seminarie ?
It may be, the Papists would have said it was a lee.
If Mr Alexander was miscontent with the king's delay, and pro-
tested, he feared his Majestie's long delay, and slownesse of reso-
lutioun, would breed leasure to the fellow, who was bound, to cry,
or make suche din as would disappoint the secrecie of the purpose,
might not the king, or anie man, have thought that the fellow had
leasure eneugh to cry before the maister came to him ? And sic-
lyke, when they came to Perth, if that was to be feared, why went
they not directlie first to the fellow with the treasure ?
If the king, in the way betweene Falkland and St Johnstoun,
when Mr Alexander, after the king's conference with the duke,
was so earnest that none sould be suffered to goe with the king to
the place where the fellow was till he had scene him, beganne to
suspect some treasonable device, why went the king fordward
with suche a suspicioun, suppose never so light, for so fecklesse a
mater ?
If the erle was advertised that the king was comming to dinner,
how could the erle goe to dinner before the king came ; and why
was there not better cheare prepared, if it had beene but to colour
the interprise ?
If the king suspected some treasonable device, how could he goe
whether Mr Alexander would lead him, not staying upon Sir
Thomas Areskine, whom he did call for, or some other ; and how
could his feare but increasse, perceaving Mr Alexander ever to
locke the doores after them ?
It was thought a foolish thing in Mr Alexander, and unlikelie,
to hold the point of a dagger to the king's breast, and then stay
upon parlee.
1600. OF THE KIRK OF SCOTLAND. 69
If the king had but his hunting home about him, and Mr Alex-
ander a sword, how could the king goe alone with him, suspecting
anie treasonable device?
If Mr Alexander threatned the king with the dagger, what
assurance had he that the king would behave himself quietlie, till
he went out and brought his brother ; or how could he rely upon
an oath extorted through feare ?
If the armed man in the studie, who sould have beene the
executioner, trembled and quaked lyke a condemned man, how
could Mr Alexander venture to leave him to be the king's keeper,
till he came backe again ?
It was thought strange that a man sould be imployed to be
executiouner of suche a purpose, and not be made acquaint with
it before, but to be putt in per force, not knowing to what end.
If Mr Alexander had a sword when he returned to the studie, it
was thought a foolish thing to present a garter to bind the king,
the mater requiring speedie executioun ; and if he presented a
dagger at the first tyme, his purpose had beene to shed blood,
which could not but be marked ; and, therefore, the report of
strangling, and of a cave to putt him in, was thought to be more
unlikelie.
It was thought a verie unfitt tyme to execut the interprise whill
the king's traine was passing by under the window, and when they
might have heard the nolce.
It was thought strange, and unlikelie, that the king sould draw
Mr Alexander, that was thrise as strong, to the window, bring him
perforce out of the studie, and drive him backe perforce to the
doore of the turnepycke. Mr P. Galloway, in his harangue, calleth
this a miracle.
Manie wounder why Mr Alexander was not preserved alive, and
brought to a tryall, if he was guiltie of anie suche interprise : for
when Sir Thomas Areskine and Sir Hugh Hereis mett him in the
staire, he had beene sore wounded by Sir Johne Ramsay, his sword
not drawin, and having no dager in his hand. Might not suche a
man, wounded, and in a maner unarmed, thrust and shott doun at
70 calderavood's iiistorie 1600.
pleasure, easille have beene talkin? The erle, likewise, after he
was strickin, might have beene preserved alive.
If the armed man trembled and quaiked when Mr Alexander
held the point of the dagger to the king's breast, how could
Andrew Hendersone, who alledgeth he was the armed man, throw
the dagger out of Mr Alexander's hand, being a strong man, and
he trembling and quaiking?
If Hendersone thrcAV the dagger out of the maister's hand, as
he alledgeth in his depositioun, how could the maister trust him
with the keeping of the king, till he returned again, as the dis-
course relateth ?
Hendersone depouneth, that he pulled the maister's hand from
the king's mouth, and openned the window, and the king cryed
out. The discourse relateth, that the armed man openned the
window before Mr Alexander returned again ; and that the king
drew Mr Alexander perforce to the window, which he had caused
the other man perforce opin before; and the Latine discourse
addeth, that he called upon some of the king's servants, if anie
had beene in the streets.
Mr Galloway, in his harangue at the Croce, reported, that the
armed man was standing with a drawin dagger in his hand to doe
this filthie turne. The discourse relateth, that Mr Alexander
drew the dagger from the man's girdle.
Mr Patrik, in his harangue, reported, that the maister locked
the studie doore behind him, when he came last in. In the dis-
course, it is said that the maister, for haste, left the studie doore
opin at his last incomming ; and that, therefore, the king wrestling
with Mr Alexander brought him perforce out of the studie, the
doore being left opin by Mr Alexander.
Beside these consideratiouns rysing upon the conferring of the
discourse, Henderson's depositioun, and Mr Patrik Gallowaye's
hai-angue, there were others grounded upon certan reports, which
follow : —
When it was told the king, after the erle's home-comming, that
he raid up the calsey of Edinburgh with a great companie of his
1600. OF THE KIRK OF SCOTLAND. 71
freinds, the king, in a great anger, said, " There were more with
his father when he was convoyed to the scaffold."
At the conventioun which was holdin shortlie after the eric's
home-coniming, the erle leaning upon the backe of the king's
chaire, wliill the king was at his breake-fast, the king entered in
conference with him upon dogges and hawkes. In end, he asked
at the erle, what would make a woman part with childe ? The
crle answered, Sindrie things, but speciallie if a woman Avith childe
gett a fray. Then the king, after a scornefiiU laughter, said, " If
that had beene true, my lord, I had not beene sitting heere." And
so called to remembrance the slaughter of Seigneur Davie, wherat
his goodshir was a cheefe actor.
AVhen at the conventioun, he crossed the king's intentioun about
the taxatioun, a courteour, (Sir DavidMurrey, now Lord of Skoone,)
as is reported, said in the audience of sindrie, " Yonder is an
unhappie man : they are but seeking occasioun of his death, which
now he has givin."
When the king challenged the erle for looking doun upon
Colonell Stewart, the man Avho apprehended his father, that was
executed at Stirline, answered, " Sir, 1 sail never seeke him ; but
it is not seemelie he sould crosse my teeth."
Doctor Hereis being oflfended at Maistresse Beatrix, the erle's
sister, one of the queen's dames, for laughing at his bowte^ foote,
taketh her by the hand, looketh upon her loofe, and said, " Mais-
tresse, er it be long, a great disaster sail befall you."
AVhill the erle was in Strabran, fyfteen dayes before the fact,
the king wrote sindrie letters to the erle, desiring him to come and
hunt with him in the wood of Falkland ; which letters were found
in my lord's pocket, at his death, as is reported, but were de-
stroyed.
Two dayes before the slaughter, Mr William Ruthven, the erle's
father-brother, was writtin for by the king to meete him at Perth,
upon the fyft of August.
' Crooked, twisted.
72 calderwood's iiistouie 1600.
The erle intended a journey to Lothian, upon the fyft of August,
of purpose to intreate his mother to hold hous with him ; but was
stayed by Mr Alexander's going to Falkland, awaiting upon his
returning. As also, he was looked for in Setoun about the same
time, to come to see her, who was after Countesse of Angus, there
being among them a purpose of matche.
The erle being at dinner when he heard the king was comming,
and neare at hand, said, " What sorrow meaneth all this haste ?" —
was not Weill pleased with himself, for the bad cheere was made ;
and excused himself to the king, that he looked not for him till
lesse than an houre before he came.
The erle his cloake was bound about him with strings, when he
went out to the Inche to meete the king ; and siclyke, when he
encountered with Sir Thomas Areskine, in tyme of the fray, and
made him at the first unweildie.
The erle, in tyme of the fray, went up the quiett turnepycke, not
alwayes condemned before, as was alledged, becaus his brother,
Mr Alexander, was lying dead in it. None went up the staire
with the erle, but onlie Mr Thomas Cranstoun ; not seven or eight,
as is alledged in the discourse, and Mr Patrik's harangue. Hugh
Muncreif and Patrik Evet went up, after my lord was slaine, and
were drivin backe by the king's servants. The erle's officer of
Strabran, named Baron, drew a sword in the closse, but went not
up the staire. Alexander Ruthven of Forgun went not within the
gate, becaus he had nather sword nor whinger ; nather yitt had
he, when he drave Sir Thomas Areskine to the ground with the
violence of a buffett, when he was in hands with the erle. But
when he understood the erle was slaine, he came again, and cryed
up, " Come doun, thou sonne of Seigneur Davie, thou has slaine an
honester man nor thyself!" Yitt manie yeeres after, he gott the
king's peace, and died in peace. George Craigingelt, lying evil
at ease, came not till the deid was done. When he heard the
noise, he rose and came to the closse, and cryed up with the rest
of the toun there conveenned, " Give us our proveist, or the king's
greene-coats sail pay for it !" It is reported that Henderson was
I coo. OF THE KlUK OF SCOTLAND. 73
eating an eg in the kitchin, and when the fray riseth, went into
the toun ; and that his wife was heard cry, " Blessed be God, my
husband was not amongst them !" Andrew Ruthven and George
Dewar, the erle's cater, nather had nor drew weapouns. Mr Robert
OHphant was not in St Johnstoun at that tyme. Harie Younger
was into Dundie. The erle's porter now serveth Lord Skoonc,
and Dogie is his notar.
When the maister was found dead, he had nather whinger nor
dagger, and the rapper he had was so rousted in the skabert, that
skarse two men could pull it out perforce.
The Strieker of the erle is not weill knowne, for Mr Thomas
Cranstoun was betwixt Sir Johne Eamsay and him ; and one of
them that viewed his bodie that night, perceaved by the entrie of
the stroke or wound, that he was strickin behind his backe.
The Laird of Tullibardin, and a number of the surname of Mur-
rey, Avere in St Johnstoun that day, at a briddell of one named
George Murrey, whether of sett purpose, lett the reader judge;
for the Murreyes of Stratherne, of the hous of Tullibairdin and
Balwaird, have gottin his offices and lands lying in these parts
divided among them : Tullibardin, the shirefship of Perth ; Sir
Mungo Murrey, his brother, the hous of Ruthven and lands belong-
ing thereto ; Sir David Murrey of the hous of Balvaird, the abbacie
of Skoone, and now is proveist of St Johnstoun. The erle's great-
nesse was a great eye-sore to the Murreys in these bounds, the
hous of Abircarnie being excepted. It is reported, that Tullibar-
din came to the closse of the loodging, after the fact was commit-
ted, [and] danced for joy. But little caus has he to dance at this
houre.
When it could not be made out that ather one called Leslie, or
another called Gray, or a thrid called Oliphant, was the armed
man in the studie, it was layed upon one, called Harie Younger,
Avho was in Dundie when the fact was committed. As he was
comming to Falkland, to make his purgatioun to the king, a
commissioun was givin to Barney Lindsey, or one of Burlie's
brethrein, to apprehend him. They being on the feilds, with
74 calderwood's histopje 1600.
Henrie Bruce, now called Colonell Bruce, the poore man seing them,
fled among the corne, to hide himself. Henrie Bruce finding him,
thrust a rapper through him, and so slue him. He was brought to
the Croce of Falkland. Then Mr Galloway, preaching before the
king, said, " Thanke God, sir, the tratour that sould have slaine you
could not be gottin quicke, but he was gottin dead." But als soone
as it Avas tryed, and constantlie reported, that the man was in
Dundie when the deid was done, it was layed upon Andrew Hen-
dersone, the Erie of Gowrie's chamberlane, that he was the armed
man that was in the studie, and that he convoyed himself privilie
doun the staire, after Sh' Johne Ramsay had strickin at Mr Alex-
ander. But Sir Thomas Areskine and Dr Hugh Hereis, who came
incontinent to the staire, and dispatched Mr Alexander, saw him
not comming doun the staire, or out of the turnepycke, or anie other
that we have yitt heard of; so invisible was he in that furie and
tumult. He was not unknowne to the king himself before ; and if
he had, a wounder it is, that the king did not aske his name, when
he Avas with him alone in the studie. But they behoved to gesse
at sindrie names before they came to his. Mr Patrik Galloway,
Weill acquainted with him before, by reasoun of a pensioun which
he had payed to him out of the Abbacie of Skoone, (doubled after,
for his service at this tyme,) pleaded for him against everie man,
that he ought not to suffer death, howbeit it stood to the king's
credit that he sould make an opin confessioun upon the scaffold.
When it was told Mr Patrik, that Mr Robert Bruce would not
beleeve, unlesse Andrew Hendersone were putt to death, and tooke
upon his conscience, at his death, that he was the alledged man in
the studie, Mr Patrik said to the king, " Sir, nothing will satisfie
yon man but the life of him who saved your life. Therefore, sir,
yee sail first hang Andrew Hendersone for treasoun, and Mr Robert
Bruce for not beleeving."
Upon Saturday the 23d of August, Mr Thomas Cranston, George
Craigingelt, and Johne Baron, officer of Strabran, attendants upon
the Erie of Gowrie, were hanged in St Johnstoun, for drawing
sv\ urds in tyr.;c of the tumult. Yitt confessed they nothing Avliich
i
1600. OF THE KIRK OF SCOTLAND. 75
might smell of knowledge of anie consplracie. Mr Thomas Crans-
ton, brother to Sir Johne Cranston of that Ilk, exhorted the people
to forbeare imprecations against themselves, for he had now found
by experience, that they wanted not their owne effect. For he
himself had used three kinde of imprecations, to witt, " God, nor
a sword goe through me I" " I sail be tane for a tratour !" " God,
nor I be hanged !" " I have beene taikin," said he, " for a tratour,
but I thanke God, I am not one. I was stabbed through with a
sword, at this last tumult ; and now I am to be hanged." He
conceaved a fervent prayer, at what tyme, in the midds of a cloudie
darkenesse, glanced a suddane brightnesse, to the astonishment of
the beholders.
Howbeit, for these consideratiouns above writtin, manie did not,
nor doe not to this houre, beleeve the discourse of the conspiracie,
and the depositiouns extant in print ; yitt manie were not cmious
to examine or consider everie particular circumstance of the dis-
course and depositiouns, and were content to be ignorant, or to
beleeve ; others not inquiring so narrowlie as some did, for their
owne satisfaction, suspended their owne judgement, till tyme of
farther revelatioun of the truthe of the mater. Heere, Ave cannot
but call to remembrance a Latine distiche, painted above the
chimney brace in Ruthven, manie yeeres since, which folio w-
eth :—
" Vera diu latitant, sed longo temporis usu,
Emergunt tandem, quEe latuere diu."
It w^as appointed by the king and commissioners conveenned at
Falkland, that the commissioners from the synods sould be directed
to conveene, the secund of October nixtocum, as the letter fol-
lowing beareth, to agree upon a publict forme of thanksgiving for
the king's deliverie, &c.
76 calderwood's histoiue IGOO.
" To our trustie freinds, the Ministers of the Synod of
Edinburgh ; to be delivered to them by Mr David
Lindsey, or the last Moderator.
" Trustie freinds, we gi'eete you weill. The ministers of Edinburgh
being discharged their preaching by us and our counsell, for their
unnaturall and unduetifull behaviour toward us in this late danger,
wherof it has pleased God miraculouslie to deliver us ; we have,
by advice of the same counsell, resolved that they sail never be
restored again to their owne places, since, in that cace, we dread
no lesse than the hazard of our life, and perrelling of our estat, as
we have more particularlie declared to the commissioners, by whose
advice their rowmes are declared to be vacant, that others may be
provided thereto. Lyke as for the same effect, we, by advice of
the same commissioners, have appointed a meeting at Edinburgh,
upon the secund of October nixt, not onlie upon order talking in
that mater, but for consulting upon suche other things as sail be
thought good to be propouned in name of the kirk, for the weale of
our and their estat, at our nixt jjarliament, appointed the first day
of November nixt. And, therefore, have thought good to will and
desire you, to direct two of the wisest and best affected of your
number, to keepe the said dyet, and instructed sufficientlie to give
their advice and concurrence with the saids commissioners in the
premisses, as yee will testifie your duetifuU affectioun toward us,
and the quietnesse of our and your estat. And in respect of our
so happie deliverance upon a Tuisday, we have by advice foresaid
appointed, that everie Tuisday heerafter sail be a day of ordi-
narie preaching, within everie burgh within the bounds of the
synods : And, in like maner, commanded by our publict proclama-
tioun, that the last day of September nixt, and the Sunday nixt
therafter be keeped solemnlie, for giving thankes to God for our
deliverie of suche an evident danger ; which we have thought meete
also to intimat unto you by this our particular letter, beside our
1600. OF THE KIRK OF SCOTLAND. 77
proclamatioun, that yee pretend no ignorance. And so we com-
mitt you to God.
" James R.
" From Stirline, the 24th of August 1600.
" Lett your synod be conveenned the thrld Tuisday of Septem-
ber nixt, for directing of commissioners to the effect foresaid."
THE APPLICATION OF THE 30tH PSALME, PREACHED BY MR P.
GALLOWAY, THE LAST OF AUGUST 1600, BEFORE HIS MAJESTIE
IN GLASGOW.
" Now, I sould end, if I had not to lett you see, in the applica-
tioun of this Psalme, that as David and his people had their just
occasioun to praise God, so, our David and we have now just occa-
sioun to praise G od. David then in danger ; our David has now
beene in danger. David then delivered in the high mercie of God ;
our David now delivered in the high mercie of God. Now, the
Lord of heaven that is present with us, as he has givin us prooffe of
the one, so mott he give us the prooffe of the other, that we may be
thankefuU for this great grace. For, concerning the danger, David
was never in greater danger nor our David ; his deliverance never
more magnificent than the deliverie of our David. And, therefore,
we have als just occasioun as ever David had to praise God.
" Take tent, then. I thinke there is heere no small number that
never has heard the danger wherin the king's Majestic has beene ;
or if they have heard, they have heard a poysouned untruthe.
Therefore, to cleere the truthe, I will show you the historic truelie.
His Majestic, by the perswasioun of the Maister of Gowrie, was led
from his pastyme to St Johnstoun ; (take tent that yee may eshew
false informatioun.) When he comes there and enters in my lord's
loodging, after a cold dinner, and a farre colder welcome, his
Majestic is tane by the hand, by the Maister of Gowrie, and led
up a staire, three or foure doores all locked on his backe, nather
78 calderwOod's iiistorie IGOO.
freind nor servant with him ; and there is sitting a man, prepared
to joine with the other, for the treasonable murthering of his
Majestie. When he is sett betuixt these two, the Maister of
Gowrie, a vile tratour, no sooner comes the king in, but to testifie
that all reverence of a Christian to his God, and of a subject to his
prince, was tramped under foot, he putts on his hatt, drawes his
dagger, and sayes, ' I sail now be avenged on thee for my father's
slaughter.' But the Lord stayed the dagger that he dought ' not
strike with it. When the ire of the tratour was something miti-
gated by the king's modest language, he goes out, leaving the
other man to keepe him, apparentlie to gett farther resolution of
his brother. Again he comes in as a wood^ lyoun, and enters ujDon
his Majestie, with his garter, to bind him. Noble men and citicens
of St Johnstoun heard his Majestie cry, ' Treasoun ! I am mur-
thered !' as the voice of a halfe-dead man. Lett vile knaves say
through the countrie what they will, this is truthe.
" I know Weill there are manic surmises of the people cast in with
all, to breed an evill conceate of the king's Majestie in the hearts
of the people. I will tell part of them. This is one. How can it
be, suche a nobleman as the Erie of Gowrie, so weill brought up,
could have fostered suche a treasoun? This would appeare to
carie some thing with it ; but in verie deed, careis no probabilitie.
If the erle had biddin still in Scotland, and keeped that educatioun
which he gott under that worthy man, Mr Robert RoUock, he
might perchance not have attempted suche a treasoun. But when
he went to Padua, there he studied to necromancie. Plis owne
pedagogue, Mr William Rynd, testifeis, that he had these charac-
ters ay upon him, which he loved so, that if he had forgott to putt
them in his breekes, he would runne up and doun like a mad man ;
and he had them upon him Avhen he was slaine. And as they
testifie that saw it, he could not bleed, so long as they were upon
him. He that this way casteth off all reverence to his God, what
reverence can he have to an earthlie king ?
" Another questioun, I know, will be moved. Some will say,
1 Durst. - Wild, savage.
1600. OF THE KIRK OF SCOTLAND. 79
' Sail we trow, that he could have devised his alone suche a trea-
soun ? Could he have enterprised suche a worke without a backe ?'
I doubt not but he had a backe : The Lord discover it ; and I am
assured he sail at last discover it. And as I have said before to
your Majestic, I say yitt, and yee try it not out, yee sail yitt some
day make us all a sorrowfull morning. If yee rype not up the
fountaine therof, it is a manifest tempting of God ; and I exhort
your Majestic and counsell to doe it, as yee will answere to God,
before Avhom they sail be compted tratovu's one day, if they keepe
up the least chop of it which they can try out. But to meete the
questioun, It is no mervell, suppose it be hid ; for the Erie of
Gowrie was a man of exceeding great secrecie : there was not a
man he would reveele it unto. His owne pedagogue, Mr AYilliam
Rynd, said, that the erle, talking of treasoun against princes, said,
that if the right hand wist what the left hand was doing, he was
not to be compted a man. And, therefore, I trow indeid, there
was none upon the foreknowledge of the executioun, but the erle
and his brother, and the devill, that led them both.
" I know there will be a thrid questioun : Is there none that can
beare witnesse to it ? God forgive them that say, ' The king is a
partie ; he can not be beleeved.' And thou were a good Christian,
thou would rise up and say, ' I am a partie ; and the king, that
never has been a leear, sould be beleeved himself, and not suche sus-
picious surmises spread abroad.' But I goe on. There was there,
noblemen, his Majestie's servants, and citicens of St Johnstoun,
who saw his Majestic caried there, without anie weapoun but his
hunting home about his craig, foure doores all locked upon him :
my lord duke, the Erie of Marr, bailllffes, and burgesses, saw his
hands in the king's face and throat. If they will not beleeve them,
whom Avill they beleeve ? Fy upon incredulous and malicious
hearts ! I say more, for the truthe. Andrew Hendersone, a man
to that houre approved good and zealous, and without spott all
the dayes of his life, this man perforce is putt in the rowme, with-
out anie foreknowledge. This man yett liveth ; everie man has
accesse unto him : this man, as before he was made by God an in-
80 calderwood's iiistorie 1600.
strument to save the king, so now, he is made an instrument of the
king's honour, to tell the truthe. I must speare heere, becaus some
saj, ' Whill we see him dee on the scaffold for it, we will never
beleeve it.' Fy on it ! that his Majestie sould execute him that
saved his life, for their pleasure. I must say in my conscience, that
man is rather worthie of reward nor of punishment ; and I trow,
not a man that feares God, but he will consent to it, but he was
putt in by the providence of God, to be an instrument of your
deliverance.
" Now, as yee have heard the danger, take tent also how he was
delivered. As David said, ' Lord, thou has exalted, and not made
my foes to rejoice over me ;' justlie may your Majestie say, ' I
was in deidlie danger, and thou. Lord, has looked on me.' When
I consider his jNlajestie's deliverance, I may say, there was not a
circumstance of that actioun, but everie one was a wonderfull pre-
servatioun. First, Avhen the Erie of Gowrie and his brother tooke
that man, and putt him in, and said to him simplie, ' Doe what
my brother commands thee,' they thought he sould have putt
to his hand to doe the turne. But God comes doun from heaven
and altereth the man. No sooner comes the king in, but he cryes,
' Alace ! alace ! woe is me!' Is not this a great worke of God?
He that sould have slaine his Majestie is made an instrument of
his safetie ; and when the Maister of Gowrie is bringing doun to
slay his Majestie, he withholds his hand. Thridlie, when the
maister, of a cruell tiger is made as it were a dove, saying, ' I will
promise you your life. Sir, if ye will hold your tongue ;' fy, tratour !
what had he to doe with his Majestie's life ? But he is mitigated
by the king's modest words. ' Yee and I came in under freind-
ship : yee are a Christian, brought up under that good man, Mr
Robert Bollock : why would yee putt hands in your prince ?' With
this he goes out, and shortlie comes in again ; and as a tiger, enters
upon his Majestie. This is a mervell. He was farre beyond the
king in strenth, and yitt, the living God so strenthenned his Ma-
jestie, that he gott him under his feete. And last, Avhen the Erie
of Gowrie caused cry, ' The king is away,' they, running out to
1600. OF THE KIRK OF SCOTLAND. 81
follow his Majestie, heare his voice again. When the eric and
seven men comes in against foure, he himself is slaine by these
foure, and the rest of his companie hurt, and putt to flight : yea,
had Gowi-ie biddin still on the calsay, and said, that 'Tratoui's
about the king had slaine my brother,' all the men of St Johnstoun
had rushed in with him. But the Lord wrought otherwise. And,
therefore, as David said, so sould your Majestic say, ' O Lord, I
will magnifie thee, becaus thou has exalted me.'
" Now, becaus it is said, as falselie as the sunne shineth not, that
the king went to St Johnstoun, to slay the Erie of Gowrie, (suche
is the spirits of malicious hearts,) I would now have you, indifferent
people, (when the Maister of Gowrie comes to Falkland, and moves
him to come to Perth, I thinke, not threttein in his companie,)
judge if he would have come to St Johnstoun, which was Gowrie's
Londoun, there to have slaine him. Again, if he would have
brought my lord duke, the eric's good-brother, and the Erie of
Marr, his god-father, with him, if he had beene minded to slay
him. Judge last of this : when his Majestie is led by the Maister
of Gowrie, and separated from all his folks, putt in a little round,
having no thing but his hunting home about him, lett indifferent
people judge heere, whether his Majestie could have beene minded
to slay the Erie of Gowrie or not.
" Now, when I have shewed you the danger and divine deliver-
ance, see whether our David sould not say, ' I will magnifie thee, O
Lord, becaus thou has exalted me ?' Where he sayes, ' Sancts, sing
praises for me,' see if we have not just occasioun to praise God, for
the deliverance of our David. For woefull had beene the estat of
Scotland, yea, woefull darknesse, if the Lord had not wrought
this deliverance. The Lord give your Majestie a thankfull heart,
and to us, your subjects, thankful hearts for your deliverance."
In this harangue, Mr Patrik sayeth, that Mr Alexander Euthven
drew his dagger ; which would seeme to be his owne dagger, and
not the armed man's, standing in the studie, as is related in the
discourse. But it is certane, Mr Alexander had no dagger. But,
leaving this speeche as ambiguous, it is to be considered nixt, that
VOL. VI. F
82 calderwood's histopje 1600.
Mr Patrik doubteth not, but he had had a backe to the interprise ;
and prayeth the Lord to discover it, exhorteth the king and coun-
sell to try out the fountaine of it. And yitt, forgetting himself, he
sayeth immediatlie after, that the erle was a man of exceeding
great secrecie, and that there was no man to whom he would
reveele it ; and that he beleeved there was none upon the fore-
knowledge of the executioun but the erle his brother and the devill.
The circumstances that are most unlikelie, Mr Patrik turnes all
into miracles. But there is need of a true and seene miracle
indeid, to make unseene miracles to be beleeved.
When the king came to Glasgow, there was an oratioun made to
him by one in name of the toun, congratulating for the deliverie
out of the late danger, with a commemoration of their service to
him and his progenitors.
The synods conveenned the beginning of September, as was
appointed by the king and commissioners. The synod of Fife
conveenned in Dumfermline, where Mr James Melvill was mode-
rator. After the Assemblie was dissolved, he went to the king,
then resident at Falkland, and presented to him the forme of
thanksgiving agreed unto by the synod. Upon this occasioun he
made sute for his collegue, Mr Johne Dykes ; obteaned afterward
his libertie to exercise his ministrie. Mr Johne made some sonets
against the Erie of Gowrle and his brother, which Mr James pre-
sented to the king, in November following ; wherupon the king
accepted him in favour, after a yeere's trouble, for some proposi-
tiouns which he had drawin out of Basilicon Doron, and published ;
the booke it self not yitt published, howbeit some few copeis were
printed. Mr James, after he had obteaned his sute for his brother-
in-law and collegue, Mr Johne Dykes, would have absteaned from
all meeting with the commissioners, but was desired by some of
the ministers of Edinburgh to continue after the old maner.
Upon Thursday, the fyft of September, the ministers of Edin-
burgh were charged at the Croce of Edinburgh to compeere before
the king and his counsell in Stirline : Mr William Watsone, upon
Tuisday the nynth ; Mr Johne Hall and Mr Walter Balcalquall,
1600. OF THE KIRK OF SCOTLAND. 83
upon Wedinsday the tenth ; Mr Kobert Bruce and Mr James
Balfour, upon Thursday the elleventh, to heare further punishment
decerned, and that for their obstinat blindnesse, as they called it,
and perswading others to doubt, in the parts where they came. Mr
William Watsone was commanded to enter in waird. But the
day following, after his humble supplicatioun givin in, shewing that
he was resolved, [hej was sett at libertie, and was appointed to
publish his resolutioun, in so manie kirks as were appointed to him.
Mr Walter and Mr Johne Hall were appointed to doe the like,
becaus they professed they were resolved.
When Mr Robert compeered, the chanceller caused him hold up
his hand and sAveare to speeke the truthe. First, he asked in what
parts of the countrie he had beene, and who were in companie
with him ? Then he asked, if he was resolved tuiching the last
treasoun or not ? He answered, " I am in the way of resolutioun,
but not fuUie resolved." "What moveth you," said the king,
" more than the rest of your brethrein ? They say, they are fullie
resolved. Mr Johne Hall sayes, he is more than resolved. Mr
Walter sayes, he was sicke when the word came first ; but when
he travelled in Fife he became resolved. Mr William Watsone gave
in his supplicatioun, professing he was resolved. Mr James Balfour
is even now gone furth, and he said siclyke, that he is resolved. Mr
Robert, yee were but their mouth : why sould yee speeke other-
wise nor the bodie bidds you ?" " Sir," said Mr Robert, " I was
their mouth indeid, chosin by them, and the actioun sanctified by
prayer, and what ever I spake to the counsell, I had their vote
thereto ; and I am perswaded. Sir, they are not fullie resolved
yitt." Then sayes the king, " They speeke one thing to you, and
another thing to me." " I will not say that, Sir," said he, " but I
sail speeke the truthe." " If yee please," said the king, " I sail
cans them come in before you, and say, they are fullie resolved."
Mr Robert, perceaving that it was the king's drift to sett them by
the eares, answered, " Weill, Sir, lett them live in their owne faith ;
I must live in myne : so farre as I know, I sail preache, and fur-
ther I will not promise. Two things moved me to enter in the
84 calderwood's historie 1600.
way of resolutioun : 1. The depositioun of George Craigingelt, as
I beard. I bechance mett by the way, yesterday, commmg to this
toun, a young man of Edinburgh, called Robert Ker. He telleth
me that he was in St Johnstoun, at the executioun of George
Craigingelt, and was upon the scaffold, together with James Kin-
neir, clerk to our sessioun, and Robert Areskine, tailyeour ; and
that they heard George Craigingelt say, that he would never have
beleeved that my lord, his maister, had anie intresse into that mater,
were not, after that he had gone into the loodging, and found the
two corps lying, he tooke first up my lord's corps, and then the
maister's, and layed them together : (then his speeche was inter-
rupted a long tyme, when he remembred upon my lord.) After
this, he went to Andrew Henderson's hous, where he and Andrew
lamented together ; where he asked at him if he knew whether my
lord had anie intresse, and Andrew, as he sayeth, answered, that
my lord, himself, caused him goe up to the galrie chamber, and
putt him in the rowme ; and he was dressing the desert, when
he saw Andrew going up the staire, not knowing what the mater
meant. If this be trew, sir, that George depouneth, in respect he
died so weill, I will rest upon his testimonie for one. And the
same day 1 have writtin to James Kinneir, our clerk, and to Robert
Areskine, that they may testifie, whether they heard suche words
or not ; so, sir, I am als diligent as I can. Nixt, sii', if this Andrew
Hendersone dee with that confessioun, I will be satisfied for my
owne part."
Heere the comptroller interrupted him, saying, " Will yee trow
a condemned man better nor the king and his counsell ?" " My
lord," said he, " if he dee penitentlie, I will trust him : fra tyme
that God receave the soule, I thinke, we may receave the testi-
monie : I saw Ramsay, the false notar, dee verie penitentlie." " He
saved the king's life," said the comptroller. " As to that," said
he, " I can not tell ; but if it were for no more but onlie this, that
he employed not the whinger, that he threw out of the maister's
hand, upon the maister himself, I say justlie he ought to dee : for, I
say, he sould have strickin the tratour, and not have folded it
1600. OF THE KIRK OF SCOTLAND. 85
up in his cloake." " Indeid," quoth the king, " I know not whe-
ther he folded it up or not." " Then," said the comptroller,
'' what if he goe backe from the thing that he has depouned ?" " I
tell you, ray lord," said Mr Robert, " his testimonie is the worse."
" Therefore," sayeth the comptroller, " it were better to keepe him
alive." " Nay, my lord, yee sould prefer the king's honour to his
life," sayes Mr Eobert ; " for it will serve greatlie to his honour,
if he dee penitentlie."
" Then," said the king, " I see yee will not trust me, nor the noble-
men that were with me, except yee try me." " Sir," said Mr Robert,
" will can not be constrained : I may weill lee unto you with my
mouth, but I can not trust but after tryell." " I see, Mr Robert, that
yee would make me a murtherer," said the king : " it is knowne
verie weill that I was never blood thristie. If I would have taikin
their lives, I had causes enew ; I needed not to hazard my self so."
" Surelie, sir," said Mr Robert, " I will not make you a murtherer ;
yea, sir, suppose I knew it were so, I will nather withdraw my
ajffectioun nor obedience from your service. I would onlie preasse
to draw yon to repentance, in respect yee are not subject to our
punitioun." Then the Erie of Marr said, " I mervell that yee will
not trust men that saw his hand in his throat, and heard the king
cry." " My lord," said Mr Robert, " if yee were there to heare
and see, yee may the more easilie credit." Then the Pryour of
Blantyre, Mr Edward Bruce, and all start up, saying, " Why stand
yee in a thing so cleere ?" " Becaus," sayes Mr Robert, " I will
not have you looke for more of me than I professe to know. I
gott never tyme to try : I never heard my Lord of Marr nor the
duke speeke out of their owne mouths of that subject ; nor have
I libertie to goe to Edinburgh or to St Johnstoun ; so I can not
gett full resolutioun." " Then," sayes the king, '' this is your
meaning : yee are but in the way ; yee are not yitt fullie resolved."
" Yes, sir," said he ; " I am in the way, if these things try true."
But the informatiouns he had gottin were not true ; and, therefore,
the king and counsell knew they were but a sandie foundation for
them to build upon.
86 calderwood's historie 1600.
So, Mr Robert was dimissed, as he thought, with a verie loving
countenance, but was not called in again. The macer, Archibald
Dowglas, Cometh furth, and chargeth him to enter in waird, in the
place of Airth, and to remaine there till the eight day of October ;
and therafter to passe off the countrie, and not to returne to Eng-
land or Scotland, -without his Majestie's licence. Mr Edward
Bruce was instant with the counsell, for a licence to Mr Robert to
depart, if the king would have him off the countrie ; but the king
would have him banished, that his living might fall. He Avould
also have had him in another waird ; but the treasurer said, he
behoved to prepare himself, before he went off the countrie.
Mr Robert, in a letter writtin to his wife, after he hath sett doun
the whole proceeding, concludeth after this manner : — '' If we had
spokin all one thing, I had not beene in this cace. And yitt I
would not be in their cace, for all the benefite they have gottin ;
for the court giveth it out, that they are sent to make their repent-
ance, cache one of them in so manie ku-ks. And, indeid, the act
beareth that they sail confesse their errour and incredulitie, and
show they are fullie resolved. So, he maketh a triumphe and
spectacle of their ministrie. Mr William Watsone shew me that
he repented from his heart, that he entered not in waird. Mr
Peter Hewat shewed unto me, that he requeisted Mr Patrik Gal-
loway verie earnestlie to stay untill the day of my compeerance,
and helpe me as he had done the rest. But he would not stay one
houre, but gott out of the toun, and raid away. The secretar was
there also ; so that, as I shewed you, this was a platt layed for me,
say what they would have said."
CONFERENCE BETWEEN MR R. BRUCE AND MR THOMAS ARESKINE.
Mr Robert Bruce being charged upon Thursday, the elleventh
of September, to enter in waird, in the place of Airth, obeyed the
charge. Whill he was in Airth, Sir Thomas Areskine purchassed
a waiTant to him, to come to meete him at the Abbot's Parke. Mr
Robert looked for no good of the meeting; yitt, craving God's
1600. OP THE KIRK OF SCOTLAND. 87
dlrectioun and assistance, he went to meete him. After that Sir
Thomas had made unto him a prolixe discourse and relatioun, he
shewed how farre he trusted, and Avherin he doubted. The confer-
ence ended without querrell, yea, with j^romises upon Sir Thomas
his part, to stand his freind, so farre as he durst. This conference
was holdin the 18 th of September.
Upon Fryday, the 19th of September, Mr Eobert Bruce receaved
two letters, one directed from Mr Peter Hewat, who was sent in
commissioun Avith Mv George Robertsone and Mr Robert Cornwall,
from the synod of Lothian to the king, to treate, for restoring of
the ministers of Edinburgh to their owne places, another from Mr
James Balfour, Mr Walter Balcalquall, and Mr Johne Hall.
The letters, together with Mr Robert's answere, heere follow : —
MR PETER HEWAT's LETTER TO MR ROBERT BRUCE.
" Sir, — I have travelled with his Majestic, at tlie desire of the
synodall, for a prorogatioun of your day, in the which, I found his
Majestic very diflScill at the first. But after insisting, he granted,
as a benefite to the kirk ; for he affirmed, that yee standing in that
estat, could not be capable of a benefite at his hands. I perceave,
sir, that he would verie faine have you reduced to a conformitie
with the rest of the brethrein ; and he wishes all them that love
him and you to travell with you to that effect. I will not be so
bold as to give you counsell : but I would pray you to goe als farre
as is possible, to keepe the king, under whom we have the libertie
of the gospell, and who being removed, the estat of this countrie
would be dolorous. I thinke, sir, yee mister no mediators in this
mater, but may be als farre in the king's affectioun as anie man, if
yee would come to him and declare your minde to him in this
mater, but in these termes that your brethrein have done before
you. Yee sail receave firom this bearer the warrant subscribed by
his Majestic. Having no farther for the present, committs you to
the protectioun of God.
" Yours ever to his po^^ er,
" Mr P. H."
88 calderwood's historie IGOO.
MR ROBERT BRUCE S ANSWERE.
" Brother, — I wrote to you, as mouth, and one bearing the
person of the brethrein. Yee compt, I perceave, this short proroga-
tioun a benefite, which I compt none. If I had esteemed it so, I
might have had a longer and larger. By embracing of this, yee
stay me from the greater and better, which was also offered me ;
for since yee, who sould be sharper of sight, and quicker in judge-
ment in discerning of things expedient for me, has made a choice of
this, yee stoppe the mouths of others, who were once assured to have
purchassed greater things for me. And I mervell, seing yee know
that I must be most sensible in my owne cace, that yee have not
sought my owne advice, in seeking of a benefite unto me. For
if the short space of tyme which yee have purchassed be abused
of me, as it will be compted, yee sail make me more odious, as one
Avho studieth to be singular ; .and yee sail not faile to multiplie the
wrathe of the prince against me, as one who has biddin so long
upon me, and close your owne mouths from farther suting, seing
yee have made no gaine by your former sute. I had farre rather
yee had shewed me how farre yee had gone before me in this
mater, and what anie of you has done that I have not done.
For if your warrants be strong and sufficient, and the strenth of
your warrants may carie me safelie to doe the like ; and if yee
have done no farther, and meane to doe no farther nor I have done,
why sould not we that are like minded be like mouthed, and pro-
ceed after one way ? I am troubled for laike of a full perswasioun.
Now, this sort of perswasioun is the actioun of the heart, and God
is onlie the searcher and tryer of the heart. So, this sort of ques-
tioun sould fall onlie under his censure. The Lord helpe my
unbeleefe ! I had mister of this fulnesse in the verie articles of my
beleefe, suppose they leane upon undoubted grounds. I will trust
the report of my prince ; I Avill trust the report of noble men, as it
becomes me. But I can trust no report of man as a verie
undoubted truthe, but the report of him who is God also.
1600. OF THE KIRK OF SCOTLAND. 89
" Where yee cast in .a word tuiching the desolatloun of our
cstat, in cace, as God forbid, our prince were removed, I Avait^ not
Weill what it sould meane. But if yee meane thereby, that there
is an enlaike in rae, ather of reverence or afFcctioun toward his
Majestie's person, certaneHe yee take me up wrong ; for as to my
heart, the Lord knowes it, and I appeale to him, tuiching the
sinceritie of it in that point. And as to my actiouns in this mater,
since this accident fell out, yee cannot be ignorant how readie I
was to have gone over the water, to have had better informatioun
of his Majestie's self, if wind and weather had not stayed ; and to
have mett his Majestic at Leith, if I could have had accesse. And
what I offered to the counsell, I report me to Mr George Robert-
sone, and to some of my collegues that heard ; so that my con-
science beareth me witnesse, that I have beene about ever to omitt
no duetie, where ather my reverence or affectioun ought to have
beene testified.
" I crave to be led by the Spirit of truthe in this particular, and
have beene instant, after my manor, with my God ; and I am in
that hope, that as yitt, he has not deserted me. Communicat your
light with me, anie of you that has farther than I, and lett me see
what argument may import a necessar conclusioun. If I embrace
it not, 1 can not reflise to be marked with the marke of obstinacie ;
if I agree with you in your light, why sould I be hardlier used than
yee ? wherefore sould there be anie acceptatioun of persons ?
Therefore, to end in a word, ather impart this light to me with
diligence, that your prorogatioun may be a benefite to me indeid,
or otherwise, keepe me from the skaith and consequents of your
sute, that yee putt me not in worse cace nor yee found me
in. I have beene somwhat hamelie with you; but assure your
self, my speeches proceed not of bitternesse, but of just greefe,
that I sould be so hardlie dealt with. For, in my judgement, no
honest man can be resolved in conscience, except some one or
other dee penitentlie, testifeing this mater. The Lord, by his Holie
Spu-it, direct us in thir maters : To whose directioun, for the pre-
1 Wot.
90 calderwood's historie 1600.
sent, I committ you and your travells. Off Airth, the 22d of Sep-
tember 1600.
" Your brother and fellow-labourer,
" Mr E. B."
MR JASIES BALFOUR, MR WALTER BALCALQUALL, AND MR JOHNE
hall's LETTER.
" T7ie Spirit of the Lord Jesus be with you, and guide you for ever.
^' Right honourable Sir, and loving Brother, — After ourheartilie
salutatioun. Eemembring your estat and present danger, to us
no lesse heavie and sorrowfull nor to yourself; and, therefore, what
in us lyeth, both by our prayers to God for you, as also, by what
lawfull meane we can, we have travelled to your releefe, under-
standing that yee also will refuse no lawfull way for the same. We
have remembred the kirk of Fife, as also our owne assembhe
heere, who will leave nothing undone that lyeth in them, as we
pray God to prosper their travells. But when we considered the
estat of things, and Mr Patrik Gallowaye's credit, we thought
good also to speeke with him, to imploy his credit in that mater.
Of whom, in effect, we find, that if yee will imploy him, he will
assay his uttermost credit for you ; which we accompt, as things
goe, to be the most readie way of your releefe ; and, therefore,
would even pray you to make no scruple to write to him a loving
letter, desiring him that he would not refuse to use his credit for
your releefe, as yee sail be readie to pleasure him, w^hen your
credit is greater nor his. This, sir, we thinke nothing against
your honour or duetie, in respect that he is a brother, and, perad-
venture, will have adoe with our freindship again ; and what ever
has beene in mislyking before, as God's servants, it may be forgett,
and brotherlie love, in tyme to come, may be interteanned ; which,
we know, he will willinglie and lovinglie meete. We purposed to
have visited you where yee are, were not we are everie one of us
IGOO. OF THE KIRK OF SCOTLAND. 91
upon our journey, to accompllshe the appointment of the king and
counsell. Praying God from our hearts to guide you with his
Holie Spirit, and to direct you in this mater to his glorie, and your
owne peace and confort. From Edinburgh, the 18th of Septem-
ber 1600.
" Wee, your loving brethrein in God,
" Mr James Balfour.
" Mr Walter Balcalquall.
« Mr JoHNE Hall."
MR ROBERT BRUCE HIS ANSWERE.
" Brethrein, — Ireceavedyour letter. And as tuiching themeane
that yee propouned for my deliverie, as I am not minded to contemne
it, (for I never stood so upon the steppes of my reputatioun, but I
could have found in my heart, to have used the helpe of the meanest
brother in the ministrie, and to have forgivin in my heart also the
greatest enemie that ever I had in my owne particular ;) yitt, bre-
threin, er I embrace it, I would be resolved of suche doubts as occu-
pie my minde. I remember, brethrein, when my cace was better, and
credit greater with his Majestic ; yitt Mr Patrik refused reconcilia-
tioun altogether ; for Mr Alexander Lindsey, one of the commission-
ers, was mediator betwixt me and him. But he, at that tyme, could
purchasse no favour to me, except I had first acknowledged a fault
done to him ; yea, suche a fault as I at that tyme stood in great
doubt, whether I had spokin it or not. If he stood then, brethrein,
upon such step stones, muche more may he stand now, when I
understand his credit to be greater. He beganne first at my call-
ing, he and his complices, and how they sifted it, yee know ; then
at my living, and held me in a continuall exercise to this houre ;
and now, last, at my Mfe : for this banishment, in this seasoun of
the yeere, (except God, in his mercie, be the more favourable unto
me,) may import no lesse. And if he had beene minded to winne
me, and to have made me to have buried thir things in oblivioun,
I am perswaded he would not have deserted me, speciallie when
92 calderwood's historie 1600.
be was so urged, and instantlie dealt with by you, and Mr Peter,
that are brethrein to us both. Secundlie, I doubt greatlie, if his
credit may reache so farre, or anie man's in this countrie, ather,
as to purchasse me a releefe, without a full resolutioun. And sup-
pose I were resolved, it is concluded that I sal^not feele the favour
of that rowme where I had my calling. Thridlie, I know ray letter
sail be made a bachill of, and pi'esented to his Majestic. And,
last of all. As tuiching my credit, that way which yee meane ; cer-
tanelie, I tooke to be for the fashioun, as I have oft told some of
you. I was never loved as a minister. And yitt, if he had beene
in my cace, I would have stepped to unbiddin, and employed my
uttermost without ceremoneis, as all the brethrein of the ministrie
had experience, who ever had to doe, enduring my credit with anie
of the princes.
" Thir things I tell you, brethrein, make me to be laither to
opin my packe, except I were certane to sell some wairs. There
is a better cans nor I wracked, and in greater danger nor I am in.
Yee know your self in what estat the discipline of the kirk stands
in ; what encroaching, what usurpatioun is daylie increased upon
the spirituall kingdom ; yea, and it were no more, I wounder how
that brother could say, in the face of that synodall assemblie, that
our rowmes were vacant, and that they had consented to our
depositioun. Sail I looke for a benefite at his hand that stoppes
the breath of God's Spirit in me, and deprives us unheai'd ? Bre-
threin, lett him beginne first to kythe himself good in the com-
moun cans, and then I sail looke for a benefite from him in my
owne particular ; yea, then sail I shake heart and hand with him,
and honour him alwayes, as it becomes me ; for I know he has
receaved better gifts nor I, and if he would lett me see that he
would preasse to sanctifie them this way, by helping the distressed
estat of God's kirk at this tyme, certanelie, brethrein, my eldest
Sonne sould not be so deere unto me as he sould be ; for the Lord
knowes I have no malice in my affectioun, ather against him or
JNIr James Nicolsone, suppose I take these two to be the procurers
of my trouble, and fountains of my exercises. Would these two
1600. OF THE KIRK OF SCOTLAND. 93
men extend their credit, to stainche the bleeding of the cans, and
to stay the grouth of this usurpation, then could I promise unto
my self good things of them both. But whill I see their bowells
of pitie powred out that "svay, I am the laither to trouble them
"Nvith my particular.
" I will not fashe you with farther letter, but submitt these
tilings, and all my cogitatiouns, to your spirituall judgement, to be
corrected, as your light out of the Word of God sail find expedient.
So, committing you to the protectioun of his Spirit, and word of
his Grace, I take my leave. Off Airth, the 22d of September IGOO.
" Your loving brother, and fellow-labourer
in the worke of the Lord,
" Mr R. B."
Mr Patrik Simsone, minister at Stirline, visiting Mr Eobert
upon the 22d of September, told him, that if he would promise to
snib the people, and reprove them for their rash and lewde
opinioun, which they were so readie to conceave and publishe of a
prince, without sound or solide ground, the Erie of Marr was of
that hope, that it might worke his peace. Mr Robert thinking,
when the mater is doubtfull, the benigne interpretatioun sould be
for the prince's side, wrote to the Erie of Marr this letter follow-
ing:—
" My Lord, — After my verle heartilie commendatiouns of ser-
vice : Fearing least this lingering of myne sould give occasioun of
sinister impressiouns, and nourish the people in lewde opiniouns
(wherunto they are over muche bent of will) of their prince, I
thought it my duetie, my Lord, to prevent suche suspiciouns, and
to signifie my minde to your Lordship, as by this letter I doe, that
if ever God opin my mouth, ather in that place, or anie other
place, I will promise, by his grace, to snib them, and to divert
them from suche cogitatiouns as flow from a perversitie in nature,
rather than from anie solide ground. This I may doe safelie, and
sail doe farther, when God sail grant me farther light ; for your
Lordship takes me up wrong, if yee be of that minde, that it is
94 calderwood's historie 1600.
not conscience that moves me to this, but onlie a preposterous
affectioun to persouns. My actiouns, my Lord, shortlie, will be my
best judges and witnesses, ather with me or against me: and, in
the meane tyme, I Avould crave this favour of your Lordship, if
my service will not be acceptable to his Majestic within the coun-
trie, that he would suffer me with his licence and favour, whill the
storme be settled, to depart. I will not fash your Lordship with
further letter. But if I durst say it, my conscience sayes to me,
I deserve good will of your Lordship. Alwise, the Lord in his
mercie direct your Lordship in all your effairs, and take you and
yours under his tuitioun and defence, both now and ever. Off
Airth, the 22d of September 1600.
" Your Lordship's to his power, to be
commanded with service,
" jVIr R. B."
The Erie of Marr's answere to this letter mett not Mr Robert's
expectatioun, nather was answerable to the promise made by Mr
Patrik Simsone, in my lord's name. The just copie of the answere
followeth : —
" Sir, — I receaved your letter, wherin yee desired me to be a
dealer at his Majestie's hand, that yee may have a licence to passe
furth of the countrie, if better can not be, (wherof I would be
verie sorie.) I sail leave nothing that in me lyes to doe that yee
desired me. But yee must give me leave even to speeke with
you. I thinke yee are farre in the wrong to yourself, and all your
weilwillers, that is so hard of credit in this so manifest a mater.
And now, seing it is come to suche an hight, I feare his Majestic
sail be verie hard in it ; for I darre take it on me before God in
heaven, (that is my onlie witnesse in writting these words unto
you,) that the most mischant treasoun that ever was intended
against a prince, was that day intended against his Majestic, by
my Lord of Gowrie and his brother. This I may boldlie write, in
respect of that I saw ; and if I had the occasioun to speeke with
you, I beleeve, to lett you see it evidentlie. Alwise, Sir, I beseeke
1600. OF THE KIEK OF SCOTLAND. 95
you even to resolve with your self, upon that which I am assured
of in conscience yee may, and that in respect I know it to be the
truthe. I remitt the rest to the bearer, whom I know yee will
credit. And so I committ you to God. Off Stirllne, the 24th of
September 1600.
" Your loving freind,
" Mark.
" As to that part of your letter concerning your good Avill
toward me, in truthe, I never thought otherwise, nather merited
I ever other at your hand, nor yitt still doe."
MR E. BRUCE'S departure PROROGUED.
The Countesse of Mortoun undertaketh, if Mr Robert would
stand to that which he had offered, to purchasse him ather full
libertie, or at least a prorogatioun, till the end of the parliament
which was to be holdin, Wherupon a licence was promised, but
delayed till the last houre, which made Mr Robert shake off all
care of provisioun for his departure. The tyme of his departure
was prorogued till the elleventh of November.
CONTENTION OF COJVOIISSIONERS FROM SYNODS.
Upon Tuisday, the 14th of October, the commissioners from
synods conveenned in the palace of Halyrudhous. The king was
earnest to have the kirk of Edinburgh planted with other minis-
ters. The brcthrein of the ministrie answered, that could not be
done, unlesse they were deposed by the kirk, and cutt off by some
civiU forme of judicatorie. The king, on the other side, assuring
them, that he had determined they sould never come in Edinburgh
again, they thought good, rather than that kirk sould vaike, that
the ministers of Edinburgh themselves sould be asked if they were
content, of their owne accord, to yeeld to transportatioun. There-
fore, Mr James Melvill, Mr William Scott, and Mr Johne Car-
9G calderwood's historie 1600.
micliaell, were directed by the king and the ministers conveenned,
to aske at them, and to report their answere. After they were
sent out, the king, with his commissioners, and the ministers there
conveenned, nominated and choosed three bishops, Mr David
Lindsey, Bishop of Rosse, Mr Peter Blekburne, Bishop of Aber-
deene, Mr George Gladestains, Bishop of Cathnesse, and ap-
pointed them to vote at the nixt parliament in name of the kirk,
without anie regard had to the caveats or conclusiouns made.
The three brethrein sent out to conferre with the ministers of
Edinburgh understood nothing of this mater till the conventioun
was dissolved. Marke the craft of the king and the commissioners
of the Generall Assemblie. They imployed these three, who were
esteemed the wisest among these who stood for the liberteis of our
kirk in another actioun, that they might the more easily circum-
vcene the rest who were present. This conventioun had not the
power of a Generall Assemblie ; but anie colour was sufficient for
their proceedings, having authoritie on their side. As for the
ministers of Edinburorh, the king tooke Mr Johne Hall in his owne
hand, and so he was reposed to his owne place in Edinburgh.
The like favour was not granted to the rest. Indeid, Mr Johne
was, steadable to the king and commissioners, injoying that place,
and advanced their course more, secreitlie and under ground, than
anie of that number did ather secreitlie or opinlie.
Upon Wedinsday, the 22d of October, Mr Johne Davidsone
wrote this letter following to Mr Walter Balcalq[uall : —
" Grace and Peace.
" Hearing of some misreports, (deere brother,) I thought good
to prevent Satan his drift, by these lynes. I wish from my heart
that both of us take heed in these most perrellous dayes, that we
give no suche place to misreports, that our Christian and weill
approved love of a long continuance sould be brangled thereby.
For although yee mislyke some things in me, and I some things in
you, (yea, if Ave doe rightlie, we must everie one of us mislyke
and damne manic things in our selves,) yitt we must not so please
our selves, but please one another in that which is good, that we
1600. OF THE KIRK OF SCOTLAND. 97
breake not unitie in truthe and Christian love, that is so firmelie
grounded in Christ ; and I perswade my self, that willinglie and of
purpose, yee would no wise hurt the tendernesse of my love
towards you ; so yee may be perswaded that als laith would I be
to hurt yours toward me. And, therefore, loving brother, lett us
be wise in Christ. And though Satan has desired to sift us, lett
us be assured that Christ hath prayed that our faith faile not.
Amen. Fareweill, deere brother in Christ ; and leaving our owne
particular greeves, lett us bewaile the horrible crymes and breaches
of the walls of our Jerusalem that daylie rusheth to the ground so
fast. The 22d of October 1600.
" Your loving brother in Christ,
" JOHNE DaVIDSONE."
Mr Robert Bruce, eight dayes before the tyme appointed for his
departure, directed a letter to the king by the Laird of Balvaird,
wherin he tooke his good night, and made a repetitioun of the
former offers, in als reverent and humble a maner as he could.
The tenour of the letter foUoweth : —
" Please your Majestic, — Hearing that your Majestic was nothing
relented of your former wrathe against me, and being now upon the
point to show my obedience unto your Majestie's last charge, I could
not omitt this as my last duetie, to intreate your Hienesse' clemencie,
and to mitigat the extremitie of this intended wrathe. I am not
ignorant of that speeche, that The wrathe of the prince is the
messinger of death. So that I crave that the Lord, for Christ's
sake, may adde his blessing, and worke effectuallie in your Grace,
as he sail see expedient for his owne glorie and your INlajestie's
perpetuall preservatioun. Then, to be short ; to show my confor-
mitie with the rest of my brethrein of the ministrie, as at all
tymes, so now especiallie to show both my conformitie with the
rest of my brethrein of the ministrie, and my reverence to your
Majestic, and to cleere my suspected afFectioun heerin, I offer to
give to the Father of our Lord Jesus Christ, in him, and through
him, most heartilie thankea for all your Majestie's deliverances
VOL. VL G
98 calderwood's iiistorie 1600.
from your craddell to this present houre ; but namelle, for that
deliverance which he granted to your Majestic in St Johnstoun, on
Tuisday, the fyft of August, farre above all our deserts, and your
Majestie's expectatioun. I offer also to stirre up the people to
that same duetie ; and attour to divert the people, so farre as lyes
in me, from their lewde opiniouns and uncharitable constructiouns
anent your actiouns, and namelic, in this turne. Finallie, there is
no duetie your Majestic can crave of me without the manifest
offence of God, and hurt of my owne conscience, but I will doe
it with als good a heart as ever I did thing in this earth, that if
by anie meanes I might testifie my good affectioun towards your
Majestic, my soverane, and injoy my naturall aire, and suche other
conforts as the Lord has givin me under your Majestie's raigne.
Which I most humblie crave of your Majestic, beseeking the
Lord to move your heart heerin, for his Christ's sake. So, awaiting
for your Hienesse' answere, in all humilitie I take my leave."
Mr Kobert was upon his journey to the shippe, and Balvaird
returned with the answere to his wife. He shewed her that his
Majestic had interlynned the letter, and eeked some words upon
the margent ; and if Mr Kobert condescended not to these words,
and were not content to utter them in pulpit, there was no byding
for him in Scotland. He desired also that he might keepe the
interlynned letter a while, promising to redeliver it. But he gave
it to his uncle. Sir Patrik Murrey, and was never redelivered. In
the meane tyme, Mr Robert returned to Restalrig upon Thursday,
at night, the penult of October. The shippe was not as yitt out
of the harbourie. It being great in quantitie, and heavie loadenned,
and the floods also decresing, there was little hope of outgoing.
Alwise, Cornelius Inglis, sonne to James Inglis, the owner of the
shippe, was moved to emptie her of a great part of her loadenning.
But the deid neepe was so great, according to the course of the
moone, and custome of that sea, that they looked not for her float-
ing. Yitt, by their expectatioun, and farre by the custome marked
in these seas eighty yeeres before, where the waters sould have
decayed, against the custome, they increassed, till they putt her on
1600. OF THE KIRK OF SCOTLAND. 99
float, and convoyed lier out ; and therafter, returned to their owne
naturall course, and continued in their ebnesse for five weekes
after. The shippe faired furth on Saturday, the first of November,
and was drawin up to the Queen's Ferric, where she lay at anker.
Upon the thrid of November Mr liobert went up to the shippe.
Two of the ministrie certified him, that he was to be charged,
under paine of treasoun, to retire to the shippe within twentie-
foure houres ; which made him to make the greater haste. So he
raid to the Queen's Ferrie, accompanied with Sir William Crans-
toun and his sonne, and after supper tooke shippe. Two bailliftes
went with him to the shippe, and Mr Thomas Gray, and a notar,
Johne Macka. He tooke instruments in the hands of the notar,
that he had obeyed the act. They retired in a boat. It was
marked by them that returned, that, by custome, there appeared so
great a light, which served them to read, and the mariners and
skippei's to take up saile, although it was neere midnight. So they
drew to the sea by God's blessing, and arrived at Deepe in France,
upon Saturday, the eight of November.
A PAELIAMENT.
Upon Tuisday, the ellevinth of November, the parliament be-
ganne. The Erie of Marr caried the sword, Eglintoun the scepter,
Cassils the crowne. Angus went to Dalkeith, becaus he would
not give place to Huntlie. Upon the fyfteenth of November, the
king and nobilitie came to the Tolbuith upon foote, becaus of
muche snow which had fallin, and the great frost. The late Erie of
Gowrie, and his brother, Mr Alexander, were forfaultcd for trea-
soun ; and it was ordeanned that their dead bodeis sould be hung
on a gibbet beside the Croce of Edinburgh, and after a space taikin
doun, to be quartered and dismembred. An act was made, that
all of the surname of Ruthven choose other surnames, betuixt and
Witsonday nixt. Foure ministers voted as bishops at this parlia-
ment, but raid not ; Mr David Lindsey, Bishop of Rosse, Mr
George Glaidstains, Bishop of Cathnesse, Mr Peter Blekburne, as
100 calderwood's historie 1600.
Bishop of Aberdeene, Mr Alexander Dowglas, as Bishop of Murrey.
The Erie of Huntlie at this time [was] a great courteour with the
king. They passed over the tyme with drinking and waughting.
PRINCE CHARLES BORNE.
Upon Moonday the 19th of November, the same day that
Gowrie and his brother's carcasses were dismembred, the queene
was delivered of a sonne, who now raigneth under the name of
King Charles, about ellevin houres at night. The king himself
observed, that he himself was borne the 19th of June, Prince
Henrie, his sonne, the 19th of Februar, his daughter, Ladie Eliza-
beth, the 19th of August ; and that he himself saw the queene in
Denmark first upon the 19th day of the moneth, and that now she
is delivered in Dumfermline upon the 19th day.
The Erie of Gowrie and his brother's heads were pricked upon
the gavell of the Tolbuith of Edinburgh, their legs and armes sett
upon pricks above parts in St Johnstoun.
Upon the 24th of November there was a proclamatioun at the
Croce of Edinburgh, charging that none recept Jesuits, Popish
preests, nor excommunicated Papists, within their houses or other-
wise, speciallie Mr Johne Hammiltoun, the apostat, father brother
to Mr Thomas Hammiltoun, advocat. And yitt, within twentie
dayes after, Mr Henrie Blyth, minister of the Cannogate, was cited
to compeere before the counsell, for alledging in pulpit that Mr
Johne Hammiltoun was resett in the speciaU houses in Edinburgh ;
and threatned v/ith punishment, incace he qualified not his speeches.
He gave in sindrie prooffes and presumptiouns, that he was scene
say masse in the president's and Andrew Napier's hous. But there
was no correctioun.
Christmasse was solemnelie keeped by the court upon the 25th
of December, with shooting of cannons out of the Castell of Edin-
burgh, and other signes of joy.
1601. OP THE KlUK OF SCOTLAND. 101
M.DC.I.
HBEKTIE OF CONSCIENCE PROPONED IN COUNSELL.
In the raoneth of Januar, Mr James Nicolsone told Mr Andrew
Melvill, that the king had reveeled, that some of the counsell had
propouned to have libertie of conscience, and seemed to be dis-
pleased with himself for furthering the king's courses. But he
continued not long in that dispositioun.
THE MINISTERS OF EDINBURGH RETURNE TO THEIR
OWNE HOUSES.
In respect of the difficultie and obstinat refusall of the toun of
Edinburgh to accept other ministers than their owne, the king
gave their ministers licence upon the 16th of Januar to come home,
and dwell in their OAvne houses till he were farther advised, Mr
Robert Bruce onlie excepted.
THE SYNOD OF FIFE.
The synod of Fife conveenned at St Andrewes the thrid of
Februar, before the ordinar tyme. Mr Johne Hammiltoun, the
apostat, talking unto him the name of Johne Thomsone, was
excommunicated. Mr Robert Abercrumbie, talking to him the
name of JNIr William Simsone, was declared not to be of our
societie. Mr William Dalyell was deposed for too great familiaritie
with Mr Johne Hammiltoun, and not reveeling him.
Item, For insufficiencie to beare the office of the ministrie, Mr
George Gladestains, minister at St Andrewes, confessed that he
satt in parHament and answered with the name of Bishop, but
against his will, as he alledged, becaus they would not name him
otherwise.
102 calderwood's historie IGOl.
AMBASSADEES SENT TO ENGLAND.
Upon Wedlnsday, the 18th of Februar, the Erie of Marr, and
Mr Edward Bruce, Abbot of Kmlosse, went to England in ambas-
sadge, to see that nothing be done in parliament prejudiciall to the
king, and his right of successioun to the crowne.
A MEETING OF MINISTERS OF BOTH PARTEIS.
Upon Tuisday, the thrid of Marche, there was a meeting of
certane ministers of both parteis at Bruntiland. After long con-
troverting, they agreed that it was meetest that the ministers of
Edinburgh sould be restored to their owne places, and that there
be a fi'ee Generall Assemblie, to putt all maters debatable to a
point. The commissioners of the Generall Assemblie promised to
deale with the kins; for that effect.
MR E. BRUCE COMETH TO ENGLAND.
The Ladie ^Nlarr obteaned licence to Mr Tlobert Bruce to
retume to England. But he stayed, notwithstanding, till Mr
Edward Bruce sent to him twise to come over to Londoun, to
conferre with the Erie of Marr and the ministers there, and to doe
all that lay in him to countenance his prince's actiouns. He came
over. How maters past betuixt him and the Erie of jNIarr may be
gathered of the letter writtin to his owne wife from Beruick,
which is insert after in the owne place.
BONYTOUN AND LATOUN PUTT TO AN INQUEIST.
In the beginning of j\Iarche,' masse was said in Edinburgh, in
Andrew Naper's hous, in Helene Sempill's chamber, at sindrie
tymes, by Mr Alexander iSIackquhirrie. There were present at the
masse, the Maister of Elphinstoun's sonne, Mr William Barclay, a
1601. OF THE KIRK OF SCOTLAND. 103
new made advocat, Helene Sempill, excommunicated, Charles
Burdeux's wife, the young Laird of Bonytoun, the Laird of La-
toun, and sindrie others whose names were not knowne. A little
before this tyme, the said young Laird of Bonytoun, and Laird
of Latoun, with their complices, in the same moneth of Marche,
brake up the old Laird of Bonyton's hous in Angus, and tooke
away all the evidences, and other plenishing belonging to old
Bonytoun, father to the said Bonytoun younger ; and within five
or six dayes after, resorted opinly to Edinburgh, and were at the
masse foresaid. Bonytoun younger and Latoun were apprehended,
putt in waird, presented to an inqueist, and accused criminallie for
the said thift allanerlie ; were convicted therof, and consequentlie
of treasoun, and the doome givin out upon them to be executed.
Neverthelesse, they were reteanned in waird in the Tolbuith of
Edinburgh a great space therafter.
A BRUTE THAT THE KING WAS TO BE KILLED.
The brute went at this tyme, that a Papist had gottin a dispen-
satioun from the Pope to kill the king. But no man knew his
name, nor what he was. It was thought, therefore, to be a device
forged, to make the people beleeve that the king was odious to the
Pope, becaus the brute went, that liberty of conscience was to be
granted.
A SYNOD OF LOTHIANE.
Upon Tuisday, the seventh of Aprile, the synod of Lothiane
conveenned in Tranent. Mr Michaell Cranstoun preaching upon
the secund of Malachie, putt the ministrie in minde of the great
troubles and labours of Mr Knox, Mr Lowsone, Mr Bruce, and
their nighbour, whom God yitt ever approved, meaning IMr Johne
Davidsone. Upon Wedinsday, the eight, after noone, Mr Johne
Davidsone caused read the 13th of Deuteronomie, and the acts of
parliament against idolaters, Jesuits, and Seminarie preests. lie
104 CALDEE wood's HISTOEIE IGOl.
shewed that they were to interprete the meaning of the commis-
sioners of the Generall Assemblie to the best part, if they would
now acknowledge the infirraitie of their course. But if they would
yitt goe on in flattering the king and defacing good brethrein, they
sould beare the blame of the schisme which was lyke to fall out.
He sayeth to Mr David Lindsey, " Assure your self, I love nather
your bishopping, nor your mounting to be a counseller. For all
this is come of your corrupt course, in making your self moderator
at St Johnstoun, aniio 1595, or at least, in accepting the modera-
torship against all good order." He desired the brethrein to be
plaine from pulpits tuiching the present danger, and not to winke
anie longer. Mr David hang doun his head all the tyme, and
never spake a word. A fast was concluded to be kept upon the
Sabboth come eight dayes.
JOHNE ^VAT'S death.
Upon the 17th of Aprile, Johne Watt, deacoun of deacons,
[was] shott to dead in the BurroAV Mure of Edinburgh, suddanlie.
He offered, after the 1 7th day of December, to invade Mr Robert
Bruce his persoun, for which cans he was weill lyked of by the
king ; who was exact in the tryell of Alexander Slummon, who
was suspected, but without caus, to be the instrument of his death.
The judgment threatned against this man by Mr Robert Bruce
came to passe.
BONYTON EXECUTED.
Upon Moonday, the 27th of Aprile, the Laird of Bonytoun was
beheaded at the Croce of Edinburgh, betuixt six and seven in the
morning, by a commissioun from the king, directed to the bailliiFes
of Edinburgh, tymouslie in the morning ; for howbeit great inter-
cessioun was made by Huntlie, Erroll, Hume, and others, yitt the
ministers were instant with the king to have a proofle of his sin-
ceritie. He died an obstinat Papist, ever looking for pardoun till
1601. OF THE KIRK OF SCOTLAND. 105
the last gaspe. He pretended he suffered for the Catholick Koman
religioun, but it was no point of his dittay. Onlie the stealing of
his father's evidences and writts was layed to his charge. Latoun
gott remissioun by the moyen of courteours.
CORNWALL THE OFFICER HANGED.
Upon the same Moonday, at six houres at even, an officer of
Edinburgh, named Archibald Cornwall, was hanged upon a gibbet
at the Croce of Edinburgh. At the rowping of some poynded
geare at the Croce of Edinburgh, finding a brod wheron was the
king's picture, and standing hard beside the gibbet, undiscreitlie
and rashUe [he] was driving in a naile in the gibbet, to hing up
the brod, as was reported. But being admonished by some of the
people standing by, he ceassed, and hanged it not up. Alwayes,
upon the said presumptioun, he was putt in waird in the jayle.
The king being informed, caused examine certane Avitnesses ; and
therafter he was putt to an assise, convicted, and condemned to be
hanged, and to hang twentie-foure houres, with a paper on his fore-
head ; which was done, and therafter, the gibbet was taikin doun,
and burned with fire.
THE * * « * GENERALL ASSEMBLIE.
The Generall Assemblie conveenned at Bruntiland, the 12th of
May. The Assemblie was indicted to be holdin in St Andrewes,
the last Tuisday of Julie. But becaus the king fell at the hunting,
and hurt his left shoulder, it was appointed to be holdin in Brunt-
iland, the 12th of May, wherupon sindrie were disappointed. Mr
Patrik Galloway, Patrik Scharpe, Pati'ik Simsone, Johne Hall,
and James Robertsone, being putt on the leits, Mr Johne Hall, by
pluralitie of votes, was chosin Moderator. The eyes of the sincer-
est sort were upon Mr Patrik Simsone, who was in leits with Mr
Patrik Galloway at the first ; but the king would have these leits
106 calderwood's historie 1601.
cliano-etl, and a neutrall man chosln. But Mr Johne HaU was no
neutrall, howsoever lie caried himself outwardlie.
Mr James Mclvill being deteanned from this Assemblie by sicke-
nesse, wx'ote this letter following, which the king tooke out of the
Moderator's hand, and suffered it not to be read, but keeped it in
his powche, and layed it up amongst his privat writts, as he was
informed : —
" To the godlie fathers and brethrein conveenned in this
present Assemblie, at Bruntiland, J. M. wisheth grace,
mercie, and peace, from God, through Jesus Christ,
with the spirit of freedom, uprightnesse, and faithful-
nesse.
" Having manie wise a calling to be present with you at this
Assemblie, (godlie fathers and deere brethrein,) and stayed onlie
by infirmitie of bodie, after a long and sore sicken esse, I could not
at least but communicat my minde with you shortlie, in writt.
" And, first, as concerning his Majestic, since it has pleased God
to endue him with suche a rare and singular grace, as to resolve to
bestow himself, his state, and all that God has givin him in pos-
sessioun or title, for glorifeing of Christ, King of kings, in the main-
tenance of his gospell and true religioun, and now, to putt hand to
justice against impietie, wrong, and all oppressioun, to kythe in
effect the true and earnest dispositioun of his heart, I thinke it all
our parts to praise God uncessantlie therefore, and to concurre
and joyne with his Majestic in our calling, to our uttermost, name-
lie, in stirring up and moving the hearts of his people to his rever-
ence and obedience ; yea, to bestow their lives, and all that they
have, with his Hienesse in that caus, and in all his Majestie's effairs,
that may serve for the weale therof. And, truelie, they are worthie
to be accursed, and not bruike the name of Christians or Scotish-
men, but esteemed enemeis to God, rehgioun, and his Hienesse,
IGOl. OF THE KIRK OF SCOTLAND. 107
that will not "willinglle yeeld hcerunto. As Deborah cryeth,
' Curse Meroz, sayetli the angell of the Lord ; curse, becaus they
came not to assist the Lord against the mightie.' I would wishe,
therefore, for this effect, as in the dayes of Asah and Joas, kings
of Judah, namelie, according to the directioun of good Jehojada,
the preest, that solemne covenants and bands (the Word of God
and prayer going before) were made betuixt God and the king,
God and the people, and betuixt the king and the people, begin-
ning in this present Assemblie, and so, going to provincialls, pres-
bytereis, and through everie congregatioun of this land. Nixt, as
concerning the ministrie of Edinburgh, I hold fast that agreement
of the brethrein conveenned at Bruntiland, in the moneth of Marche
last, and would beseeke the brethrein of the Assemblie to insist
with his Majestic, with the reasouns sett doun at that conference,
and suche other as God would furnishe ; joyning prayer to God,
who has his Majestie's heart in his hand, whereby his Hienesse
may be brought to yeeld therunto, as a speciall weale not onlie of
the kirk, but of his Majestie's estat and efFaires, if God has givin
me my eyes to see in them. For besides that the cheefe blocke
hous of the Lord's Jerusalem in this land can not, in my judge-
ment, be Weill fortified without them ; in my conscience, I know no
braver trumpets to encourage, move, and sett fordward the people
to his obedience and assistance, when occasioun of his Majestie's
weightiest efFairs may crave the same. And, truelie, when I passe
through the forme of proceeding wdth my self, to spy out what sail
befall in end, I can not see if it be weill, but it will be repos-
sessioun. For processe will be found hard, transportatioun full of
fashrie and inconveniences, and in end fecklesse, wanting content-
ment. Therefore, the best must be repossessioun, wherunto I
pray God his Majestie's heart may be inclynneil, as the whole
brethrein's are, I am sure.
" But there is heere, deere brethrein, an incident of greater im-
portance nor the rest, wherunto I must not onlie exhort you, but
in the name of Christ, charge and adjure you, as yee will answere
to him upon your fidelitic in his service, that yee endeavoure to
108 calderwood's historie 1601.
redresse. This is, that interest that he susteanned by the act and
decreit of counsell, whereby the ministers of Edinburgh are deposed
from preaching in anie tyrae heerafter, becaus they refused
to preache and give thankes, as was injoynned them by the said
counsell ; the greatest interest that ever Christ susteanned in this
land. For if he has not sole poAver to choose, call, and depose his
owne messengers and ambassaders, he has no power at all. His
Majestic shew himself, in my hearing, diverse times willing that
this sould be amended. But I feare the decreit stands in the
booke, without anie note therupon. Forgett not this, but remem-
ber it as the greatest point yee have to doe, and lett not (I hum-
blie beseeke) his Majestic and counsell be miscontent with the
bringing in of this heed ; for the favour of Christ, and feare of his
just wrathe, against suche as say, ' Nolumus liunc regnare supra
nos,^ constraines me. The which I wish to be als farre from his
Majestic and Honourable Counsell, as from my owne heart and
soule ; but contrariwise, that in the favour and blessing of Christ,
his throne, as the throne of David, may be established, and floorish
as the palme.
" Now, as to the rest, revise your canons ; for corruptioun creepes
fast on, and is confirmed by custome. Sight the conclusioun of
your last Assemblie, and see if things have proceeded conforme
thereto or not, if it may please his Majestic topermitt these things
to be done at this tyme, which, indeid, are most necessar to be done ;
otherwise, it is not possible to keepe from corruptioun. Farther,
the restraint of the freedom of our Generall Assembleis in the
ordinarie conventiouns therof, would be heavilie compleaned upon,
and regrated to his Majestic ; for scing we have full power and
expresse charge of Christ, the onelie King of his kirk, to meete and
conveene together for the governement therof, and have our ordi-
narie conventiouns twise in the yecre, approved by his Majestic in
his lawes and acts of parliament, wherefore sould our meetings
depend upon licences, letters, and proclamatiouns, namelie, whill
as other estats, as burgesses and barons, are permitted to use
their privilcdge freclie? Sail the kirk of Jesus Christ be lesse
IGOl. OF THE KIRK OF SCOTLAND. 109
rcgairded, and restrained in their freedom and priviledge, in a
sattled and constituted, under the protectioun of a rare Christian
magistrat ? God forbid.
" Finallie, my deere brethrein, charitie and the law commands
me to make you wairning by my experience, that in all your
speeches yee respect the true profite of the kirk, and his Majestie's
estat joyned therewith, and not to present pleasuring. Now, the
true profiting is, that which has the warrant in the law and the
propheits, howsoever the reasoun of man thinke of it. We sould
be the mouth of God to all. His law sould be in our lippes, and
true wisdom in our mouth ; our speeches sould be the speeches and
oracles of God. And as the lawyer sayes, ' It is shame to a law-
yer to speeke without a law ;' and muche more say we, It is shame
before God and his angells, and before the kirk of God, to the
dispensator of the heavenlie mystereis, to speeke without Scripture,
and warrant of the Word of God. Take heed to this, otherwise,
when God beginnes to take you aside, and reckon with you, and
lay on his hand, as I thinke, of his fatherlie affectioun he has done
with me, yee will deteast from your heart the fashiouns of this world,
the wisdom of flesh and blood, the exemple and maner of doing of
this tyme in speciall. Yee will repent that ever yee knew and
followed them.
" In conclusioun, I lay doun at your feete my commissioun, as
the pyoner doeth his burthein. It has spent that wheron my
numerous familie sould have beene susteanned ; it has greeved
my minde continuallie ; and now, in end, it has brought me in
extreme danger of my life. Therefore, I beseeke you, burthein
me no more therewith, unlesse yee will have my skinue. Now,
the Lord Jesus Christ, of the same love that moved him to give
his life for his kirk, governe and keepe her from the pollutioun of
this last age, and make us and all the labourers within the same,
ever mindefuU of that great day when he sail come and call us to
an accompt of our dispensatioun. Amen. From the bed of my
infii'raitie."
110 CALDERWOOD's HISTOrJE IGOl.
Mr Johne Davidsone sent to the Assemblie this letter follow-
ing:—
*' Grace and peace, tcitli upright judgement and constant
practise titer of in these dayes of try ell. Amen.
" Reverend brethrein, — How long sail we fcare or favour flesh
and blood, and follow the counsell and command therof, leaving
the plaine and knowne will of God in the meane tyme undone ?
Sould our meetings be in the name of man ? Nay, sould they not
be in the name and authoritie of our Lord Jesus Christ, to whom
everie knee sould bow ? Are we not yitt to take up our selves,
and to acknowledge and leave our former errours, negligence, and
feeblenesse in the worke of the Lord, by the miserable experience
of these our woful dayes of suche dangerous designements, that
forsitan ipse senex deplored talia Peleus, yea, quam graviter ingemis-
cerent illi fortes viri, qui propter gloriam et ecclesice Scoticance liberta-
teniy olim in acie decertarunt, si nostram nunc ignominiam {lie quid
gravius dicarn) conspicerent. But we sould have God, the searcher
of the hearts, before whom all things are naiked and bare, before
our eyes, and sould walke before him,'and be upright. Sould James
and Johne be seeking to sitt, one at the right hand, another at the
left, and namelie, when Christ is going to Jerusalem, to suffer
death ? Is it tyme for Baruch to speeke great things for himself,
when the Lord is about to destroy the thing he planted, and threat-
neth his people with fearefull captivity ? Is it tyme for us now,
when so manie of our worthie brethrein of the ministrie are shame-
fuUie thrust out of their callings, without all order of just proceed-
ing against them, ' et honi malis deputantur^ as a Father sayeth ; and
Jesuits, Atheists, and Papists, in great number, dailie flocking
home, are suffered, countenanced, and advanced to great rowmes
in the realme, to the bringing in of idolatrie, and captivitie, more
than Babylonicall, with an high hand, and that in our cheefe citie ;
in no corners, but in effect, at the IMercat Croce of Edinburgh,
1601. OF THE KIRK OF SCOTLAND. Ill
■without all due punisliment for the same, according to the law of
God, and manifest lawes of the realme ? Is it tyme now, I say,
to be inveigled and blindfolded with pretence of preferment of
some small number of our brethrein, and that, not to stand so
muche in the ordinance and electioun of the kirk as at the plea-
sure of the court, to have vote in Parliament, to ryde with foote
mantle, and have title of prelaceis, and so to make the preparative
in our selves of that Hierarchic, as they call it, that the Papists
minde with speed to injoy ? What is this ellis, but ' honorari intra
pcdatium ad servitutem^ as the ancient Fathers say ? Sail we,
brethrein, with Samsone, sleepe still on Dalilah's knee, till she
say, ' The Philistins be upon thee, Samsone ?' Then, worthilie
with Samsone, may we be made a ridiculous and ignominious spec-
tacle to the Philistins, which the Lord in his great mercie avert.
" But Bonytoun is executed ! A famous theefe in the highest
degree, for his vile thift is punished ! What is that to the caus of
religioun, wherof was no questioun, as worthilie might have beene ?
Is there no Papist, idolater, nor wilfull favourer and mainteaner of
Papists in Scotland, but Bonytoun ? Speere, and see. But the
king and the kirk being yitt sound in religioun, what can the
adversareis doe ? Being sound, as yee say, there were the lesse
danger. What is your doubt ? There is no doing, nather in kirk
nor king, according to our callings. As for Seggene, as they say,
it goeth light cowpe ; and it is but small wisdom for the Israelits,
to lett the Canaanites remaine among them, and waxe strong.
Therefore, if there be anie zeale in us, laying all byganes aside, lett
us joyne together as one man, and that before all other things, to
purge the land of this fearefuU idolatrie, leaving all other things to
be handled in the nixt Assemblie to be appointed primo quoque
tempore for the same purpose ; talking exemple of the childrein of
Israel, who hearing but a brute of erectioun of a contrare altar,
by their brethrein of Eeuben, Gad, and halfe tribe of Manasseh,
determined with all speed to have rooted them out with destruc-
tioun ; if the mater had beene so. The mater with us is out of
doubt, and, therefore, lett us show our zeale for the Lord and his
112 CALDER wood's HISTORIE 1601.
caus, otherwise we can looke for no blessing at the hands of God.
Farewell], deere brethrein in Christ. Amen.
" Your brother in Christ, to his power, or rather
God's power in him, to be furthcomming at
God's pleasure, in tyme and place.
" Of one thing, in speciall, deere brethrein, I wishe you to
bewar, that yee doe not evill that good may come of it ; to witt,
that yee consent no wise to determine anie thing de presenti, tuich-
ing the new planting of Edinburgh, in prejudice of the former
brethrein yitt undisplaced by order, in respect of anie promise de
futuro, tuiching the punishment of Papists. For as punishment of
Papists and their displanting without order, cannot stand together,
so, their standing in their owne rowme will serve verie greatlie for
the overthrow of Papistrie, weygh it when yee will. Finallie, If
reasoun be refused, as God forbid, remember, that alwise melius et
optabilius est egregium helium, pace impia, et a Deo detrahente,
" Farewell again in Christ. Amen."
This letter was read and allowed in the Assemblie ; but the
king alledged there was treasoun in it, and troubled him for it.
The Assemblie beganne with small contentment to either partie.
But the king, to acquire credit, and the good opinioun of the
people, speciallie of suche as doubted of his innocencie in the last
fact, made manie protestatiouns, not without teares in his ey, to be
fordward for the kirk and libertie of the gospell. Wherupon fol-
lowed a mutuall band of love betuixt his Majestic and the minis-
trie, for farther satisfactioun, that was approved, both by the court
and manie of the ministrie, which, before, was not onlie neglected,
but also mocked ; to witt, to rype up the causes of defectioun in
all estats, and to advise upon the remedeis. It was concluded that
a fast, and renewing of the covenant with God, sould beginne at
tliis Assemblie, and, therafter, be keeped universallie in one weeke.
Little sinceritie or good meaning kythed, notwithstanding, in the
cheefe directors and rulers of that actioun; for uather were the
1601. OF THE KIRK OF SCOTLAND. 11 3
clieefe causes of defectioun layed opin, nor the right way intended
to rerneed the same. Alwlse, I have sett doun the causes, and the
remedeis, as they are extant in the Register.
Sessioun 2.
" The which day the brethrein having entered in consideratioun
of the generall defectioun from the puritie, zeale, and practise of
true religioun in all estats of the countrie, and how that the same
must of necessitie at last be concluded ather in Papistrie or athe-
isme, within short space, in the righteous judgement of God,
except some substantious remeed be provided thereto : And becaus
this evill can not be weill cured, unlesse the originall springs and
speciall causes therof be ryped up : Therefore, the brethrein, after
mature deliberatioun, and weyghing of the causes of the said
defectioun, have found the principall causes therof to be as fol-
lowes : —
" CAUSES OP THE DEFECTIOUN FROM THE PURITIE, ZEALE, AND
PRACTISE OF TRUE RELIGIOUN IN ALL ESTATES OF THE
COUNTRIE, AND HOW THE SAME MAY BE MOST EFFECTUALLIE
REMEEDED.
" The principall caus of this fearefull change no doubt is, the
just wrathe of God kindled against the whole land, for the unreve-
rent estlmatloun of the gospell ; and for the sinnes of all estats,
and dishonouring of their professioun, and making the name of
God to be blasphemed by the profane world without remorse.
" Laike of care and diligence upon the part of the mlnlstrie, in
the discoverle of them that make apostasie to Papistrie, and negli-
gence in executloun of the lawes and discipline against suche as
happin to be discovered.
" Want of pastors, and unplanted kirks ; and dlsplanting of
kirks which have beene provided, by dlmlnutloun of the thridds,
*' Neglecting of places that are of cheefest importance to the
VOL. VL H
114 calderwood's historie 1601.
interest of religloun, in not planting sufficient pastors therat ; suche
as are", her JNlajestie's hous, the Prince's hous, the Erles of Huntlie,
Erroll, and Angus' houses, and places of their cheefest residence ;
the Lord Hume's hous, the Lord Hereis' hous, and cheefe places
of their residence ; the toun of Dumfreis, and others of the nobilitie
and greatest power within the countrie.
" The over haistle admissloun of men to the ministrie, before
they be knowne to be of sufficient gifts and experience to dis-
charge fruictfuUie that high calling in these difficill tymes.
'' The negligence of the ministrie in advancing of their know-
ledge by a continuall and constant reading of the Scriptures, and
controversies of the tyme, wherethrough they might be able to
bring the consciences of their auditors in subjectioun to the obedi-
ence of the gospell, and convince the adversarie.
" Negligence in the lyfes of the ministrie ; not framing their
conversatiouns in gravitie as paterns of life to the people, but
framing themselves excessivelie to the humors of men ; especiallie
communicatioun at tables, and giving sometyme exemple of intem-
perancie in the light and prodigall abuilyements of their famileis.
" The distractioun of mindes which is supposed to be in the
ministrie ; the distractioun which is supposed to be of his Majes-
tie's minde from some of the ministrie.
" The advancing of men suspected in religioun, and knowne to
be evill affected to the good cans, unto offices, and honours, and
credit in court, counsell, and sessioun, and other rowmes of great
importance within the countrie.
" The desolatioun of the kirk of Edinburgh, through the want
of pastors.
" The continuall residence and interteanement of the Ladie
Huntlie, a knowne and professed Papist ; of Margaret Wood, sister
to the Laird of Bonyton, and others, knowne and professed, in his
Majestie's court and companie.
" The educatioun of his Majestie's childrein in the companie of
profest and obstinat Papists, suche as, the Ladie Livingston.
" The negligent educatioun of the childrein of noblemen, and
IGOl. OF THE KIKK OF SCOTLAND. 115
sending them out of the countrie, under the charge of pedagogues
suspected in rehgioun, or at the least, not weill grounded and con-
firmed therin, to be brought up and instructed in places where
Papistrie is professed.
" The iniquitie of skippers, mariners, and owners of shippes, that
under the name of passingers, transport from other places, and
bring within the countrie, Seminarie Preests, Jesuits, and other
traffiquing Papists, with their coffers and bookes ; and the impu-
nitie of suche as convoy and sparpell their bookes through the
countrie.
" The decay of schooles, and educatioun of the youth in the
knowledge of good letters and godlinesse, speciallie in landwart,
for laike of sufficient provisioun to iuterteane a qualified schoole-
master in places needfull.
" That men suspected in rehgioun, and challenged therefore by
their presbyterie and pastors, have accesse to court during the
tyme of their processe.
" That the late reconciled Papists are not urged to performe the
conditiouns agreed to by them at their reconciliatioun to the
kirk.'
KEMEDEIS OF THE FORMER EVILLS.
" The Generall Assemblie having entered in consideratioun of
the causes of the said great and fearefull defectioun of all estats of
persons within this land, from the true and sincere professioun of
the gospell presentlie sounding within the same ; and having found
the principal! causes of this fearefull change to be, no doubt, the
just wrathe of God kindled against the whole land, for the unreve-
rent estimatioun of the gospell, and for the sinnes of all estats, and
dishonouring of their professioun, and making the name of God to
be blasphemed by the profane world without remorse : Which
horrible j udgements have fallin in everie estat, for the contemptu-
ous hearing of the Word of God, in so farre as there is none that
have worthilie esteemed the said pretious Word, according to the
116 calderwood's historie 1601.
dignitie therof : Therefore, and for removing of the former evills
and causes, and farther judgements, if they be not prevented by
speedle repentance, this Assemblie has concluded and ordeanned a
generall humiliatioun to be keeped solemnelie throughout the whole
land, with fasting and prayer, two severall Sabboth dayes, in all
congregatiouns, both in burgh and land, within this realme ; and
likewise in burrow touns, to be observed throughout the whole
weeke, betuixt the said two Sabboths ; and the causes of the said
humiliatioun to be onlie the sinnes of the land, by the which the
professioun of the gospell has beene dishonoured, and the wrathe
of God provoked. Which generall humiliatioun is ordeanned to be
upon the two last Sabboth dayes of Junie nixtocum.
" The unplanted kirks would be effectuallie recommended unto
his Majestie's care, whose authoritie onlie is able to accomplishe
that worke ; and for the better furtherance therof, that his
Majestic would cans take heed, that the thridds be keeped unvi-
tiated.
" Nothing more necessar nor to have his Majestie's hous, the
erles' houses, and places of their residence, and other places of
cheefest importance, as the toun of Dumfreis, to be weill planted
with learned, wise, and godlie persons. And where the laike of
provisioun might be a hinder to the present planting, as at the erles'
houses, it were requisite for a tyme, that the meetest for that
purpose, not being in places where the causes may be so farre
interest by the want of a resident pastor, sould be transported from
their owne places, to remalne for a quarter or a halfe yeere, that a
substantious meane might be found out for a constant provisioun and
planting of these rowmes ; by whose labours, in the meane tyme,
the erles and their famllels might be confirmed in the truthe, and
the enemels debarred from their companeis ; and therafter, to
returne to their owne charges, the presbytereis, in the meane while,
talking order for the helping of their kirks, in the tyme of their
absence : and to that effect ordeans Mr George Glaidestains to
await upon the Erie of Huntlie ; Mr Alexander Lindsey and Mr
William Cowper upon the Erie of Erroll ; Mr James Law and Mr
1601. OF THE KIRK OF SCOTLAND. 117
Johne Spotswod upon the Erie of Angus ; Mr Johne Carmlchaell
upon the Lord Hume ; Mr David Lindsey and Mr Johne Hall
upon the Lord Hereis.
" That a petitioun be givin in to his Majestle and Secreit Coun-
scll, desiring that these whom his Majestic knowes, or sail know
hecrafter, to deale in favours of professed traffiquing Papists,
farther nor the lawes of the countrie sail permitt, sail be compted
and holdin as men suspected in religioun, and sail not have the
honour to be in his Majestie's hous, counsell, or sessioun.
" Item, That it be craved likewise of his Majestic and Secret
Counsell, that all Papists, men and weomen, challenged by the
kirk for their religioun, and not satisfcing the kirk for the same, be
discharged to resort to court, whill they have satisfied, and bring
from the presbytereis of their bounds a sufficient tcstimoniall of
their obedience.
" Item, For discoverie of the adversareis of the true religioun,
lurking within this countrie, it is ordeanned that everie presbyterie,
immediatlie after the dissolving of this present Assemblie, take up
the names of the non-communicants within their bounds, and send
them to his Majestie's ministers with all expeditioun, subscribed
by the Moderator and clerk of the presbyterie, and minister of the
parish ; and that from this tyme furth, at everie Provinciall
Assemblie, the names of the non-communicants be tane up, and
sent to his Majestie's ministers.
" Item, That it be enquired anent the late reconciled lords to the
kirk, by the presbytereis where they make residence, whether they
have keeped and performed the articles subscribed by them at their
receaving ; and that they be urged severallie to perform everie one
of the said articles ; and if they refuse, that the presbytereis certifie
the king's Majestie's ministers therof.
" Item, For eshewing of farther evill which might come to the estat
of the religioun by the evill educatioun of the youth furth of the coun-
trie, it would be craved of his Majestic and Secreit Counsell, that
suche noblemen and others as direct a pedagogue with their sonnes
furth of the countrie, that their pedagogue be knowne godlie, and
of good religioun : learned and instructed in the same, and approve J
118 calderwood's historie 1601.
in his religioun by the testimonial! of his pi'esbyterie : that their
remaining furth of the countrie be in the places where the reli-
gioun is presentlie professed, or, at the least, Avhere there is no
restraint of the same by the crueltie of inquisitloun : that during
the tyme of their absence, they sail not haunt anie idolatrous exer-
cise of religioun : and suche as have not the moyen to susteane a
pedagogue with their sonnes furth of the countrie, that they send
them to suche parts where there is no restraint of religioun. And
in cace their sonnes, after their departing out of the countrie, haunt
these parts where the professioun of the true religioun is restrained,
that they find cautioun not to interteane them. And in cace anie
that passe furth of the countrie, embrace anie other religioun than
that which is presentlie professed within this realme, that they sail
not be able to bruike moyen, heritage, honours, nor offices Avithin
this realme : and this to be an exceptloun against the service of
their breeves, and at the tyme of the admissioun of them to anie
office or honours. And in cace anie of their parents contraveene
anie of the premisses, that they incurre suche paine as his Majestie
and Secreit Counsell sail modifie ; and that suche as are alreadie
out of the countrie, ather be called backe again, before a day to be
appointed by his Majestie and Secreit Counsell, or ellis, that their
parents be subject to the like conditions as is before sett doun.
" Item, It would be craved of his INIajestie and Secreit Counsell,
that aU skippers, mariners, and owners of shippes, be inhibited that
they bring anie Jesuits, Seminarie Preests, declared fugitive
tratours and rebells within the countrie ; but suche as they know to
be of good religioun, or have sufficient testimoniall of their honestie
in religioun, from the places where they have beene conversant,
under the paine^of escheatting of their whole goods ; and under the
same paine, that they deliver them in the hand of the magistrat of
the toun or port Avhere they sail happin to arlve at, there to be
keeped, ay and whill they be examined and tryed, and his Majestie's
warrant obteaned for their llbertie, after they have beene tryed and
found honest in religioun ; and sail keepe them, their bookes, goods,
and gear, in sliipboord, ay and whill they receave a warrant of the
ordinar magistrat for the releeving of the same : and to that effect,
1601. OF THE KIRK OF SCOTLAND. 110
that they sett none upon land, but in commoun ports, where there
is a magistral to receave the passingers oft' their hands.
" Item, That his Majestic be earnestlie dealt with anent the
removing of his daughter out of the Ladie Livingston's companie,
in respect of her obstinat continuing in the professioun of Papistrie.
(For the which caus, his jSIajestie being requelsted by the whole
Assemblie, promised, that his Hienesse' daughter sould be trans-
ported betuixt and Mertimesse nixtocum, to his owne hous.)
" And becaus the non-planting of kirks is a great part of the
wyte of defectioun from the puritie of religioun, and that the best
way for planting of the said kirks is, the furtherance of the constant
platt for locall stipends to be appointed to everie kirk within the
realme : Therefore, the Assemblie has ordeanned the brethrein
following, viz. : Mrs David Lindsey, James Nicolsone, Robert
Pont, Patrik Galloway, George Glaidstains, Johne Nicolsone, or
anie three of them, to conveene upon the first day of Junie, with
my Lords Chanceller, President, Secretar, Collector, Comptroller,
Sir Patrik Murrey, and Mr George Young, to treate and advise
upon suche overtui'es as, by their commoun consent, sail be found
most meete and expedient for the advancing of the said worke of
the constant platt ; and to lay doun suche grounds as they sail
finde most profitable for prosecuting of the same, and to report
their diligence to the nixt Assemblie," &c.
The king was headstrong notwithstanding to have the ministers
of Edinburgh transported. When that mater came before the
privie conference, the brethrein were all earnest with the king
for reponing of them in their owne places. The king said in a
rage, " What, are there not some of you that said to me, when I
putt them out, Now, Sir, if ever they anger you againe, blame
your self!" The day after, the privie conference desired a number
of brethrein to be sent from the Assemblie, to assist them in that
sute. But before they came, it was voted in the conference ; and
all voted for transportatioun, except Mr Andrew Melvill, Mr
Johne Carmichaell, and Mr Johne Knox, Mr Patrik Simsone.
When that mater came in publict before the Assemblie, the mode-
120 calderwood's historie IGOl.
rator, Mr Johne Hall, formed the state of the questloun thus :
Whether it were more expedient to lett Edinburgh \y destitute as
it is presentlie, or to transport the three ministers, Mr William
Watsone, Mr James Balfour, Mr Walter Balcalquall, in respect of
his Majestie's declaratioun ; and rehearsed the proceedings in the
conference. But Mr Johne Knox rehearsed the same in a more
favourable maner. Mr Robert Wallace and Mr George Glade-
stains were appointed to reasoun. But the king himself answered,
and replyed most to Mr Robert, or anie other that spake in that
mater. The king's cheefe argument was, that he himself, who was
a principall parochiner in his cheefe citie, could not be edified by
them. Mr Adam Colt answered, that by that reasoun, when he is
angrie at anie minister in the countrie, he may, if he will, have
him transported , the preparative wherof had alreadie past in St
Andre wes, which was verie dangerous. The king called him a
seditious knave, and asked. Why he supponned suche a thing ?
" I suppone," said he, " Mr Adam Colt would stoale neate : then,
he sould be hanged." Johne Johnstoun of Elphinstoun, and
George .Heriot, had a commissioun from the toun of Edinburgh to
sute for their owne ministers, and to protest against the planting
of anie other. The king sent a minassing letter to the toun coun-
sell, with a postscript writtin with his owne hand, wherin he
threatned to remove the sessioun, and remember the seventeenth
day of December. So the counsel! renewed their commissioun,
and referred the mater to the Assemblle. Five-and-fiftie voted to
their transportatioun ; eight-and-tvventie against it ; six, 7ion liquet.
The two commissioners of Edinburgh protested that their trans-
portatioun sould not be prejudiciall in tyme comming to their
reponning, when it sould please the king and the kirk to be pleased
■with the same. The king promised to submitt himself for Mr
Walter's part to Mr Patrik Galloway, Mr Robert Pont, and Mr
David Lindsey, and that he would be content the other two be
planted in their rowmes, who are to come to Edinburgh. "As
for Mr Robert Bruce," said he, " I can say nothing of him, becaus
he is out of the countrie."
1601. OF THE KIRK OF SCOTLAND. 121
The act and protestatioun heere follow : —
" The Generall Assemblie, for causes and consideratlouns moving
them, hes ordeanned Mrs James Balfour, Walter Balcalquall, and
William Watsone, to be transported out of their owne places of
their ministrie in Edinburgh, and planted in suche places as the
commissioners deputed by this present Assemblie thinke expedient.
And likewise ordeans the said commissioners to plant suche others
of the ministrie in their places in the kirk of Edinburgh, as sail be
found expedient for advancement of the glorie of God within the
same."
" The commissioners for the toun of Edinburgh, viz., Johne
Johnstoun and George Heriot, protested in name of the said toun,
that seing the Generall Assemblie had ordeanned their ministers
above named to be transported furth of Edinburgh, the said toun
sould be free of their burthein from the tyme of their present
transportatioun ; and that the said transportatioun sould not be
prejudiciall to them in anie tyme heerafter, but that they may be
reponned in their owne places, when it sould please his Majestic
and the kirk to like weill therof. Which protestatioun his
Majestic and whole Assemblie willinglie agreed unto ; whereupon
the said commissioners asked instruments."
The Generall Commission was renewed in the last sessioun, as
followeth : —
" The Generall Assemblie having rypelie weyghed the necessitie
of appointing commissioners from this present Assemblie, not onlie
to advise and await upon suche effairs as sail be for the weale and
utilitie of the kirk of God, but also in giving advice unto his
Majestic anent the holding furth of the enemeis of the same when
they sail be required by his Hienesse thereto : Therefore, the
brethrein conveened in this Assemblie have givin and gi'anted,
lyke as they, by the tenour heerof, give and grant their power and
commissioun to their brethrein, Mrs Alexander Dowglas, Johne
Strathauchane, Peter Blekburne, George Monro, James Nicolsone,
Andrew Leitche, Alexander Forbesse, Patrik Simsone, William
Cowper, Alexander Lindsay, George Gladestains, William Scot,
122 caldkrwood's historie 1601.
Johne Caldcleugh, Eobert Wilkle, David Lindsey, Kobert Pont,
Johne Spotswod, Johne Hall, James Law, Johne Knox, Johne
Aberncthie, Johne Hay, Gawin Hamrailtoun, Alexander Scrim-
geour, David Barclay, with the king's Majestie's ministers, or anie
nyne of them : Giving, granting, and committing unto them their
full power, to plant suche kirks in burrow touns as are destitute of
pastors in generall ; and speciallie, to plant the kirk of Edinburgh,
vacant by transportatioun of the ministers therof. With power
also to plant Mrs James Balfour, Walter Balcalquall, and William
Watsone, ministers transported out of Edinburgh with his Majes-
tie's advice, in suche convenient places as they sould find expedient
for the glorie of God. With power also to transport anie of the
ministrie within this realme from their owne places where they
presentlie serve, and to place them in the said vacant places of the
kirk of Edinburgh ; in the planting wlierof they sail take the
advice of the Presbyterie of Edinburgh, according to the acts of
the Generall Assemblie made of before.
" Attour, if it sail happin the king to be greeved at anie of the
ministrie for whatsomever enormitie committed by them against
his Hienesse, with power to them, or anie nyne of them, as said is,
to try and cognosce therupon, and to take suche order theranent,
as they sail finde most meete to the glorie of God and the weale
of the kirk. And, finallie, with power to them to present the
greeves and petitiouns of this present Assemblie to his Majestic
and Secreit Counsell, and generall conventioun of the estats and
parliaments, if anie sail happin to be, and to crave redresse of the
same. Promitten. de rotor
A commissioun of visitatioun was granted likewise in this
sessioun to some ministers, the tenour wherof followeth : —
" Forasmuche as in the Generall Assemblie holdin of before, it
has beene verie wiselie considered that there has beene nothing
more profitable for advancing the glorie of God by the preaching
of the Gospell, than appointing of commissioners for everie shyre
within this realme, whose care and diligence sould be, partlie to
try the life, doctrine, and maner of conversatioun of the ministrie
1601. OF THE KIRK OF SCOTLAND. 123
in the bounds committed to their visitatioun, and partlie, to plant
the kirks which as yitt ly destitute of the confort of the Word,
by dealing with suclie as have the kirk livings in their hands for a
reasonable moyen, to susteane a minister at everie kirk within this
realme : Which lovable custome this present Assemblie being
mindefull to prosecute : Therefore, has givin and granted, lyke as
they, by the tenour of these presents, give and grant their full
power and comraissioun to their brethrein to visite the bounds
particularlie after specified, viz., to Mrs Robert Pont and Robert
Durie, for Orkney and Zetland ; to Mr George Gladestains, for
Cathnesse and Sutherland ; to Mrs Alexander Dowglas and Alex-
ander Rawsone, for Rosse ; to Mrs George Hay and Alexander
Crumble, for Murrey ; to * * * * Mr George Gladestains, for
Aberdeene ; for Angus and Mernes, Mrs Robert Wilkie and James
Melvill; for Perth and Stratherne, Mrs Thomas Dowglas and Johne
Fairfull ; for Fife, Mrs James Nicolsone and Robert Howie ; for
Lothiane, Mrs Patrik Simsone and Henrie Livingstoun ; for Merce
and TeviotdaUl, James Gibsone and Mr Adam Colt ; for Cliddis-
daill, Mrs David Lindsay and Johne Spotswod ; for Irwing and
Air, Mrs Gawin Hammiltoun and Andrew Knox ; for Annerdaill,
]\Irs Johne Knox, Patrik Schaw ; for Nithisdaill and Galloway, Mrs
David Barclay, Alexander Scrimgeour, and Nathaniel Inglis :
With power to them to try the brethrein of the ministrie within
the bounds particularlie above designed, in their life, doctrine,
qualificatioun, and conversatioun ; and how they have behaved
themselves tuiching the rents of their benefices, whether they have
sett tacks of the same but consent of the Generall Assemblie or
not, and so delapidated the same : to depose suche as deserve
depositioun ; to plant ministers in suche places as have not beene
planted heeretofore ; and to that effect to deale with the tacksmen
of everie parish kirk, for provisioun of a minister to their kirks, and
to report to the nixt Generall Assemblie an answere of the tacks-
men in writt, concerning the planting of the kirks wherof they
possesse the tithes, and to report their diligence to the nixt Assem-
blie. Promitten, de ratoP
124 calderwood's historie 1601.
ACTS.
In the thrid sessloun, the acta made In former assembleis tuich-
ing the discharging of particular applicatiouns to be made In the
exercises, and young men not admitted to the ministrie to preache
in the cheefe places of the countrie, were ratified ; and it was
ordeaned, that the same sould be putt in executioun, under palne
of Incurring the censures of the kirk. More had beene assayed to
advance their course, if feare of oppositioun, and the care the king
had to conqulse the hearts of the people, had not hindered.
In the last sessioun it was meaned by sindrie of the brethrein,
that there were sindrie errours in the vulgar translatioun of the
Bible, and of the Psalmes in meter, which required correcting ; as
also, that there were sindrie prayers in the Psalme Booke that
Avere not convenient for the tyme. It was therefore concluded,
that, for the translatioun of the Bible, everie one of the brethrein,
Avho had greatest skill In the languages, imploy their travells, in
sindrie parts of the vulgar translatioun of the Bible that needed
to be amended, and to conferre the same together at the nixt
Assemblie. As Tor the translatioun of the Psalmes in metre, it
was ordeaned, that the same be revised by Mr Robert Pont, and
that his travells be revised at the nixt Assemblie. It was thought
good, that the prayers alreadle conteaned in the Psalmes Booke
be not altered nor deleted ; but if anie brother would have anie
other prayers meete for the tyme added, lett the samlne be first
tryed, and allowed by the Assemblie.
In this sessloun, the Assemblie ordeaned, that In everie Assem-
blie which Is to be conveened in tyme comming, suche as sail be
ai)pointed commissioners from the Generall Assemblie, till the nixt
following, sail give an accompt of their proceedings during the
Avhole tyme of their commissioun, in the beginning of the Assem-
blie, before anie other cans or mater be treatted ; and their pro-
ceedings to be allowed or disallowed, as the Assemblie sail thinke
expedient.
1601. OF THE KIRK OF SCOTLAND. 125
THE king's YOWES AND PROTESTATIONS BEFORE THE ASSEMBLIE.
About the end of the Assemblie, the king discoursed upon the
duetie of good kings in making and executing good lawes, con-
fessed his owne negligence, craved God's mercie ; vowed solemnelie,
holding up his hand, to execute justice faithfuUie, to defend reli-
gioun, to discredit all suche as in tymes comming sail preasse to
hinder him in the executioun of justice, or attempt anie thing to
the prejudice of religioun; and desired all that were present to
vow to assist him to that effect, which they did. Manie were
moved to teares. Mr Johne Hall desired the brethrein to give his
Majestic a meeting, by interteaning a good estimatioun of him in
the hearts of the people, which he desired them to vow, by holding
up of their hands. And this, indeid, was the thing that was aimed at
by his vowes and protestatiouns, viz., to winne the hearts of his
subjects, which were alienated in a great measure from him for
sindrie causes. It was desired likewise, that this mutuall covenant
sould be intimated to the people the nixt Sabboth.
MR J. DAVIDSONE WAIRDED.
Upon the Lord's day, the 24th of May, Mr Johne Davidsone
was charged to corapeare before the counsell, upon the 26th of
May. The king sent a letter to the counsell, to cans him be
wairded in the Castell of Edinburgh, in anie cace whatsoever. He
compeered ; and being urged to answere, whether the letter which
was shewed to him were his, he granted. Being removed, a charge
in writt is sent furth to him, to enter in waird in the Castell of
Edinburgh, before seven houres at night, under the paine of rebel-
lioun. After he had writtin a letter to the king, at the desire of
some brethrein, he went to the castell, and entered in waird.
126 calderwood's histoeie IGOl.
Mil davidsone's waird changed.
Upon Weduisday, the 27 th, Mr Patrik Galloway, Mr Johne
Hall, Mr Peter Hewat, caried his letter to the king, and brought
backe with them the warrant following, to transport him to his
owne hoiis, there to remaine till farther tryell : —
" REX.
" Wee, by the tenour lieerof, in respect of Mr Johne Davidsone,
minister's, present disease and infirmitie, transport his waird from
our Castell of Edinburgh to his owne loodging in Preston Pannes,
and ordeans that he sail not passe furth at the doore of the same,
to anie other part, but to his owne yaird, adjacent therto, till he
be farther tryed in that mater for which he is challenged, under
the paine of disobedience. By these presents subscribed with our
hnnd. At Dalkeith, the 27th of May 1601."
MR Davidson's letter to the king.
Mr Davidsone wrote a letter to the king, at the desire of his
moyeners, alledging it was the king's minde.
" Grace and peace.
" Understanding, by the brethrein, of your Majestie's gentle ac-
ceptatioun of my rude letter, and that your Majestie's will was, that
by letter I sould supplee conference by presence, for declaratioun of
my purpose in that letter to the Generall Assemblie, and of my
duetifull minde and sincere affectioun toward your Majestic in the
same ; I have most willinglie acquiesced to your Majestie's will
and pleasure theranent, protesting in the entrie, without flatterie
or feare, what your Majestic can doe to me for freedorae of speeche,
in truthe, according to my calling, that your Majestie's salvatioun
and weelefare in soule and bodie is most deere unto me ; and that
of purpose, I would not minister occasioun of anger or greefe unto
1601. OF THE KIRK OP SCOTLAND. 127
your Majestie, by thought or deid, by word or wrltt, for all the
good in this world : for we sould make conscience of this mater, as
the apostle teacheth. And full sorie am I, if I might amend it,
for the manifest greeves that your Majestie has, from tyme to
tyme, in that weigh tie charge, that no flesh can be privie to but
yourself: which, I am afraid, sail make manie to mourne, which
now take little true thought or care of the mater, when they may
not amend it : wherof, as I have the testimonie of conscience, so
my continuall and heartie prayers to God, publict and privat, for
your Majestie's long, prosperous, and happie standing in the feare
of God, will witnesse the same to the world, in despite of devill
and man. Yea, I am of that minde, that God sail once move your
Majestie's heart to acknowledge, that according to my ranke and
meane gifts, 1 have beene a faithfuU subject unto your Majestie,
and a true servant of God, before yee goe out of this world, not-
withstanding all the misconstruing of my good meaning, saying,
and doing, towards your Majestie, by misreports ; for otherwise,
verie small is the occasioun that ever yitt your Majestie had to try
my loyaltie and sincere affectioun by anie familiar proofe. True it
is, indeid, that partlie my plainnesse, and partlie conscience in my
calling, to condemne sinne and iniquitie in all persons, (wherunto,
naturallie, all fleshe is subject,) moves your Majestie now and then,
to have my maner of dealing in some jealousie, which otherwise, no
doubt, is most wholesome for all men, and, namelie, for persons in
high estat, whom, often tymes, flatterie has brought to ruine, as
historeis of all sort and daylie experience doeth declare.
" Now, as tuiching that letter, the drift and end therof (wher-
unto the whole letter is to be referred) is, to move the Assemblle,
to whom it is directed, to discharge their ecclesiasticall office to
the uttermost, for repressing and removing of idolatrie, which now
so insolentlie beginneth to sett out the head, in this land. The
whole discourse of the letter serveth as an amplificatioun of argu-
ments to this purpose, by certan interogatours, and proleptick
answeres, to tacite objectiouns that some ministers might make
to the contrarie ; and in the end, that if anie of them yitt will be
128 calderwood's historie 1601.
hinderers heerof, that the kirk esteeme and use them as enemeis
and schismaticks. Of which my meaning, my speeches in the last
Synodall of Lothiane, in Tranent, had to Mr David Lindsey in
particular, in name of the rest of the commissioners, (then all but
he absent,) may be a most plaine commentarie, where, in effect, I
had the same words that are in the end of that letter, tuiching
Egregium bellum, etc. ; as Nazianzene useth the same in the Greeke
tongue, in the like cace, wherof, with much more spokin then to
that effect, in most plaine termes, lett the whole Assemblie beare
witnesse. And I am perswaded, that Mr David himself being
demanded of the truthe heerof by your Majestic, saU not denie it.
And so, the whole speeches of that letter, in my intent and purpose,
are properlie to the Assemblie, and of their dueteis to assist your
Majestic according to their callings, effaldlie and zealouslie, to the
rooting out of idolaters and idolatrie, not by way of blood, (for I
meane not so, except they offer violence to your Majestic, which
God forbid ;) but by execution otherwise, of good lawes made ther-
anent, for their departing furth of the land, for avoiding of trouble of
the kirk and commoun weale ; and otherwise wilfullie polluting the
land, the law of God, and lawes of the realme, may strike upon the
obstinat rcbellers of what ranke soever they be. The cans why I
subscribed not the letter was onlie, least the basenesse of the per-
son might bring anie prejudice to the cans in hand, as some tyme,
in like caces, cometh to passe, as we read in Plutarche de Civile In-
siitut., of one Demosthenes, in these words translated in Latine :
* Lacedemone vero, Demosthenes quidam in senatu, autor senten-
tiae fuit satis salutaris, et rei de qua agibatur satis idone^e, ad quam
repudiandam pro dignitate autoris, visus est, senatus propensior,'
etc.
" Thus candide and truelie, I have exponed my meaning in this
cace, beseeking your Majestic benevolentlie to accept therof ; and,
according to your promise made in the Assemblie, to the great
confort of all the godlie in Scotland, and answering in a maner to
the contents and requeist of my letter, courageouslie to goe ford-
ward in prosecuting the same, as your Majestic has begunne, better
1601. OP THE KIRK OF SCOTLAND. 129
both tuicliing adminlstratioun of justice, and mislyking of the
adversareis and their course, nor we of the ministrie in our callings,
and other estats in theirs, have yitt assisted and concurred with
your Majestic to that effect. And so, for my owne part, readie to
satisfie farther at your Majestie's pleasure, I will continue my ear-
nest and heartie prayers to God, for your Majestie's long and pros-
perous raigne amongst us ; for I desire never to see another king
of Scotland with myne eyes. I speeke it truelie from myne heart,
wherof what I spake publictlie at the last foresaid synodall, exhort-
ing all the brethrein never to forgett your Majestic in their publict
nor privat prayers, (which was most gladelie accepted of them all,)
lett all that then were present beare witnesse. And so, craving
pardoun for my long and evill scribled letter, through my weake-
nesse, I take my leave of your Majestic, expecting your Majestie's
loving answere, with a warrand in writt, for restoring me to my
wounted libertie, by this poore bearer, my wife.
*' From my hous at Salt Prestoun, the penult of May, 1601.
" Your Majestie's most humble subject in the Lord,
and presentlie wairder within my owne hous, at
your Majestie's ordinance and command,
"Mr JoHNE Davidsone."
Upon Moonday, the first of June, he receaved some farther
release, to witt, to exerce his calling in all (he bounds of his parish.
Not that the king was content with his letter, but onlie, as he said
himself, for slander's sake, and giving offence to the people. The
copie of the king's warrant foUoweth : —
" REX.
" Wee, by the tenour heerof, dispense with Mr Johne David-
sone, minister at Prestoun, to passe and teache at his ordinarie
kirk, to visite the sicke, and to doe whatsoever belongs to his func-
tion n, in quiet maner, within his owne parishe, so that he transcend
not the bounds therof, but use this our dispensatioun during our
Avill allanerlie, notwithstanding of our command to keejie waird
VOL. VI. I
130 calderwood's historie 1601.
within his owne loodging and yaird ; wherewith we dispense, he
keeping himself quiet within the bounds foresaid. By this present,
subscribed with our hand, at Dalkeith, the last of May, 1601.
" James R."
Upon the penult of May, the Erie of Marr and the Abbot of
Kinlosse, ambassaders, returned to Scotland. The proceedings
betuixt them and Mr Robert Bruce, sent for by them to come to
England, may be gathered out of the letter which Mr Robert
sent to his wife, the 5th of June, the copie wherof heere followeth : —
MR R. BRUCE's letter TO HIS WIFE.
" My Heart, — I receaved your letters this last Thursday, at
night, the one dated on the thrid of Junie, the other dated on the
secund, whereby I understand, that yee are desirous to know the
particulars how farre I have condescended. Or I come to the
particular itself: At my first entrie to the ambassader, (wherin I
was crossed verie Judastlie by Mr Andrew Lamb, suppose I
covered it,) I shew my Lord of Kinlosse what I was content to
doe, and not content to doe. I was contented, seing that the
parliament, which is the great assise of this countrie, had found and
tryed these persons to be guiltie, and that upon their conscience,
and so, the civill tryell had gone before me, 1 was content to find
myself satisfied to rest there, and to speeke nothing to the contrare ;
for it becomes a subject to reverence the law of the countrie,
namelie, when he knowes nothing certanlie to the contrare. And
this is not onlie my judgement, but the judgement of the whole
honest brethrein of this countrie. When I was at Londoun, they
shew me, that they were urged tuiching Essex, as I was urged
tuiching Gowrie ; and as they were content to reverence the law,
to trust and rest satisfied tuiching the tryell of that great assise
that past against Essex, so I am content, to content me for the
present with that tryell that past against Gowrie. And as they
were not content to publishe Essex his treasoun from the pulpit.
1601. OF THE KIRK OF SCOTLAND. 131
from their owne knowledge, and from their owne perswasioun, no
more was I content, but refused to publishe it from my knowledge,
and from my perswasioun ; for as to me, I was never perswaded of
it, and shew my Lord of Kinlosse and my Lord of Marr, that it
was not possible to anie man to be fullie perswaded, or to take on
their conscience, but so manie as saw and heard. And at the first,
both the lords said that they would not urge me, nather with my
conscience, nor with a full perswasioun, nor with preaching nather ;
and to trust and reverence the law as becomes a subject, I was weill
content.
" With this they were content at the entrie, and continued con-
tent a long tyme whill neere the end. A little before my away-
going, they beganne to cast at my hand, and my Lord of Kinlosse
by name shew me plainelie, that the king would not stand content
with my distinctioun : I behoved ather to find myself fulhe per-
swaded, and resolved to preache it, or ellis there was no libertie for
me. Then I beganne to find fault, that they were once content
and satisfied with my answeres, as I had writtin both to France
and Scotland ; and now, since they had drawin suche service out
of me, as, indeid, was verie stedible to the cans, they cast at my
hand, and keeped not tuiches to me, and sought of me things
impossible ; yea, the verie perswasioun, that I could not gett to
the articles of my owne beleefe, that they craved of me, in so
doubtsome a mater. ' What,' sayes my lord, ' are yee not fullie
perswaded of the articles of your beleefe ?' ' Not, my lord,' said I,
' as I sould be : if yee and I both were fullie perswaded, that there
were an hell, we would doe otherwise nor we doe.' And so, after
manie sharpe and spytefull taunts and speeches, both publictlie and
privatlie, we dismissed our conference, so that I looked for nothing
but extremitie. I durst not byde rom my lord's table for sus-
picioun : and when I was at it, I know myself if I was greeved or
not. I found, indeid, great courtesie by some of the servants,
namelie, of Mr Johne Archibald ; but, indeid, otherwise, I found
my self not in myne owne element. There were certan honest
men waiting on, that would faine have convoyed me homeward.
132 calderwood's historie 1601.
They urged me to speare and to know, when it would be leasome
for me to goe. But they would tell me nothing, nather whether I
sould goe backeward or fordward, home or a feild ; and to terrific me
the more, they would not have you to come to me in English
ground. I boore with all this as I might. I tooke Mr Andrew
Lambe, and one Montgomerie, a Scotish man also, who uttered
his minde cleerelie to me, and oft tymes upbraided me, to see if
they could draw speeches out of me. But I thanke God, suppose
it was not without a battell, I suffered their persecutioun. So I
continued a long tyme, and still haunted my lord's hous, notwith-
standing, whill it came to the point of their away-going.
" Upon the point of their away-going, they tooke up themselves ;
and, first, Mr Edward sendeth for me, and I and he entered in
conference ; and he shewed me, that he trowed that preaching
sould not be sought of me, in respect it was not needfull, becaus
the mater was alreadie buried. And as to my perswasioun, |hey
sould make no mentioun of the fulnesse of it : they sould onlie hold
them on the generall, that I was contented and resolved to trust
and reverence the tryell that was alreadie tane in parliament.
' Hold you in the generall,' say I : ' move no particulars to me,
and I sail move none to you.' So he dimissed me ; onlie said this,
' My lord will speeke with you himself, the morne.' 'What needs
that ?' said I : ' Can yee not speeke all that he can speeke ? for I
have no will that my lord and I sould crosse other.' Sayes he,
* Yee may hold you on the generall, as yee have spokin to me ;
for that is one ; my lord will speeke with you.' ' Weill, since it
can be no better, I sail make me for it.'
" So, upon the morne, which was the verie day that he went away
upon, my lord sent for me, and I came to his lordship. And so,
to be short, my lord beginnes : ' I thought meete, Mr Robert,'
sayes he, ' to heare out of your owne mouth, how yee are yitt
resolved, tuiching this mater ; for I must make my report therof
to his Majestic.' ' My lord,' say I, ' your lordship knowes that
his Majestic, in the Castell of Stirline, before the counsell, urged
r. e with a full resolutioun : for, suppose I said to his Majestic, as
IGOl. OF THE KIRK OF SCOTLAND. 133
your lordship remembers, that I was in the way of resolutioun, and
if Andrew Hendersone died constantlie with this depositioun, I
sould find my self also fuUie resolved : but his Majestic chopped ay
on that word, fullie ; and becaus I was not fullic, therefore he
banished me. Wherefore, if your lordship stand upon suche
termes, as to crave a full perswasioun or resolutioun of me, I have
that same answere to give.' So my lord answered, ' We will not
trouble you with that, nather with conscience, nather with a full
perswasioun or resolutioun : but answere me,' sayes he, ' to this
onlie : whether are yee resolved to trust it or not ?' ' I sail
answere your lordship directlle,' said I : ' In respect of the civill
tryell that is alreadie past in the parliament, I thinke it becomes
me, and I am alreadie resolved to trust it, and reverence it.'
* That is eneugh,' sayeth he ; ' now, that satisfieth me. I sail once
putt you and the king together, and yee sail dresse out the rest'of
it among you.' So we agreed fullie in termes. But Mr Edward
and I entered after, what my lord sould meane by yon words, ' To
putt me and the king together.' ' He meanes,' said Mr Edward,
' that he will make you ance a Scotish man, and then lett the kirk
and you just out for the rest of it.' ' Yea, but my lord,' sayes I,
* that is not eneugh ; for that is but the beginning of a plea : for
his Majestic may preasse me with giving in of my bill, and preach-
ing of it, as he did the rest ; and if I refuse, putt me in a straiter
Avaird and trouble worse nor I am. Therefore, I pray you, betray
me not, but deale faithfullie with me.' Sayes he to me, * The worst
that sail be, sail be banishment again.' ' Yea, but my lord,' say T,
' I have no will to come in that hazard, for if yee banishe me again,
yee will not lett me looke heere away.'
" So, my Heart, howsoever they gave me faire words after this,
and said, they sould warrant it sould never come to this, yitt
assure you, I feare them greatlie : for it was in the mouth of manie
of their servants, as I tryed, what satlsfactioun the king could gett
for my obstinacie, if I preached it not, and came not to a public t
confessioun, als weill as the rest. Maistresse Bowes spake with
my Lord of Marr, even in the by-going, when I was at Esk, and
134 calderwood's historie 1601.
requeisted his lordship for me, and shew that it was not reasonable
that I sould be urged to preache it ; yitt he gave so cold an answere
to that, that she had no good hope of it. Therefore, I pray thee
be wise ; and if they wiU assure thee that the king is satisfied, as
they are satisfied, with this generall, and that there is no farther
to be layed to my charge, I will come in, and verifie to his Majes-
tic that I have spokin: but if they say onlie, that they will bring
us together, and lett the kirk and us agree amongst our selves, I
compt not that a benefite ; lett me stand where I am ; take no
warrant that way, for I had rather yitt be banished England and
Scotland by his Grace, ere they were able to staine the glorie of
my ministrie. For this has beene my petitioun to God ever since I
came out of France, and I tooke the sacrament of the Lord his
bodie in France upon the same conditioun, that the Lord Jesus
scdild leade me safelie out of this tentatioun, without impairing of
my unioun with him, without the hurt of the peace of my owne
conscience, and without the losse of the credit of my holie minis-
trie in the hearts of his deere childrein. The Lord increasse my
fi\ith to looke for this, for I desire not my countrie otherwise. So
yee have both the generaU and particular, and all that was done
by me, so farre as I can remember. If they will speeke other-
wise, God will judge leers in his owne tyme.
" My Ladie Bowes has desired me to gar you try and inquire, if
Roger Ashtoun has delivered suche things to the queen as she
sent to her ; and if he has delivered them as from her, that she may
have her owne thankes. This doe secreitlie. My ladie will tarie
he ere yitt on you tiU Moonday or Tuisday, but longer she may
not stay. Therefore, advise wnth God what yee may doe ; for I
thanke God, it is the weale of his worke in me that I respect above
my owne pleasure : for if yee can trie that they meane not sincere-
He, the sooner yee come unto me it is the better; that now, whill
we have this licence, I may denude my self of suche things as I
may putt safelie off my hands, in the persons of my childrein. So
the Lord give us both an holie wisdom, and holie hearts to God,
and in God to other. Yee may lett Mr James Watsone see this,
1601. OF THE KIRK or SCOTLAND. 135
with a command of secrecie, that he may informe suche other
freinds as be perhaps brought to doubt of me ; and suche other
freinds as yee thinke meete, make them partakers also. I have no
caus nather to tyre nor distrust of God's providence, wherefore I
sould choose iniquitie before afflictioun. Therefore, the Lord esta-
blishe my heart, by multipleing of his peacefull Spirit upon me,
that I may dwell with him, and in him, for ever. I commend you
and your childrein to the word of His grace. Off Beruick, the
fyft of this instant of Junie.
" Your loving husband, not wearie, I assure
you, of the Lord's crosse, but wearie of
the treacherous flatterie of men."
Mr Archibald Oswald, minister at Pentcaitland, having visited
INIr Robert at Beruick, reported to freinds, that Mr Robert remained
still of the same judgement he was of before ; save that he would
acquiesce in the sentence of the parliament ; and that he had sus-
teanned great assaults with the good brethrein at Londoun, namelie,
Mr Philips, misinformed by Mr Andrew Lamb, who accompanied
the ambassadors.
Upon the 19th of June, the king's birth-day, Mr Walter Balcal-
quall re-entered to the exercise of his ministrie in Edinburgh.
MR P. GALLO"SVAY DECOURTED.
About the end of this moneth, Mr Patrik Galloway was removed
from court, at the queen's instance. The king, at this tyme, pro-
mised to Mr Johne Hall, that the booke called " A Declaratioun
of the King's Minde towards the Catholicks," sould never be sett
furth.
BURLEYE'S BROTHER EXECUTED FOR THIFT.
Mr William Balfoure, brother to the Laird of Burlie, and a num-
ber with him, were executed at St Johnstoun, for thift and opprcs-
136 calderwood's historie 1601.
sloun. Mr "William was beheaded, and the rest hanged, Yitt,
about that tyme, Huntlie obteaned favour to Captan Ker, guiltie
of striking false coine.
THE DUKE OF LENNOX SENT IN AMBASSADGE TO FRANCE.
The Duke of Lennox was directed in ambassadge to France.
He embarked at Leith, the tenth of Julie, accompanied with a
traine of manie gentlemen. The points of his commissioun were
not knowne. Mr Johne Spotswod, minister at Calder, now Bishop
of Sanct Andrewes, went with him, to attend upon him ; made no
scruple to goe in to see a masse celebrated, and to goe so neere,
that it behoved him to discover his head and kneele.
THE FYFT DAY OF AUGUST SOLEMNELIE KEEPED.
The fyft of August was solemnelie keeped in Edinburgh, by
appointment of the king and counsell, with preaching before noone
and after noone, for the thankefuU remembrance of the king's
deliverie that day. Bonefires were sett out after the after noon's
preaching. That night, a tenement of land, neere the Abbey, with
all the plenishing and moveables, was burnt, not by the bonefires,
but through negligence of some persons in the hous. The day
following was so stormie and windie, that the like was not seene
that seasoun of the yeere for manie yeeres before.
Upon the 25th of September, Mr Peter Hewat, one of the
ministers of Edinburgh, went to Beruick, with the king's letter
and licence to Mr Kobert Bruce to returne home. But the letter
injoynned him to send first his resolutioun in writt, that the act
standing against him might be delete. Mr Robert desired to heare
from his Majestic, that he was satisfied with his letter, and that he
would be no farther urged. Mr Peter returneth, and went again
with an answere out of his Majestie's owne mouth, that he was
satisfied with his resolutioun. Yitt Mr Robert Avas jealous, and
stayed long in Beruick, till he tryed the soundnesse of the king's
IGOl. OF THE KIRK OF SCOTLAND. 137
minde ; wliUl Mr Patrik Slmsone, minister at Stirline, assured him
by letter, that he might boldlie come home, for there would be no
farther craved in that mater. Mr Patrik writteth to Mr Robert
this letter following : —
" Right honourable and loving brother in Christ, — I have
awaited this long tyme for some certantie in your effaires, and I
was verie spairing to write, before I knew what to write. Now,
it has pleased the Lord to bring your turne to some end : for my
Lord of Marr, after long travells, obteanned a licence to you to
returne unto your native countrie, to travell in anie part therof to
doe your leasome bussinesse, onlie Edinburgh excepted, with some
myles therabout ; together with a dispensatioun with the act of
counsell made anent your inhibitioun to preache in anie part of
this countrie. Which part of the act also, tlie whole Generall
Assemblie conveenned at Bruntiland, found fault with, and the
king's Majestic promised, that that part of the act sould be deleted.
Alwise, Sir, after this licence was obteaned, it pleased his Majestic
to passe another, which is alreadie sent unto you. Yitt least
yee sould be in anie doubt of my Lord of Marr's part, I will
assure you, first, that my Lord of Marr made the cheefe tra-
vells to obteane it ; nixt, that he obteanned the first licence.
Onlie a blanke was left into it, concerning the number of myles
about Edinburgh, where his Majestic would not have you to repaire.
Before the blanke was filled, another licence was past, and sent
unto you. I have spokin my lord in your turne, who is not
greeved that anie other persoun have the name and honour of the
travells that his lordship has tane. Onlie he is glade of your return-
ing. And if yee please to have ex ahundanti the licence his lord-
ship obteanned, yee sail have it, together with his lordship's OAvne
letter, wherin, I doubt not, but yee sail perceave that he is
minded to procure all freindship unto you at his Majestie's hands
that lyes in his power. My lord has beene plaine with me, that for
the present the king can not be moved to agree that yee sould
returne to Edinburgh. Alwise, brother, the heart of a king is as
a boate upon the waters, and the Lord sth-reth the rudder of it, as
138 CALDEEWOOU'S HISTOEIE 1601 =
His majestle pleasetli. Therefore, Sir, this present sail be, to
beseeke you to make no delay of your returning, to the end we
may injoy that benefite of your presence and ministrie, if it please
the Lord, which strangers have injoyed this tyme bypast. Thus,
remitting all other things till meeting, commends you to the pro-
tectioun of the Almightie. Frome Stirline, the 29tli of September,
1601.
" Yours to compaand in Christ,
" Patrik Simsone."
Mr Robert deslreth Mr Patrik to bring with him the Erie of
Marr's warrant, with the advice of some good brethrein. Mr
Patrik went to Beruick, and delivered to him a letter from the
Ei'le of Marr, with credit, wherupon he cheefelie leanned, and came
in the countrie. He looked to have beene sett at libertie within
eight dayes after he came, but he was commanded to keepe waird
within his owne hous in Kinnaird.
THE SYNOD OF FIFE.
In the synod holdin at St Andrewes, the greeves for the present
corruptiouns entered in the kirk were penned, and commissioners
appointed to present them to the nixt GeneraU Assemblie. The
Lord opened the mouth of Mr James Melvill to speeke freelie.
Sir Patrik Murrey, the king's commissioner, sent Mr Robert Wil-
kie, rector of the universitie, to him, to assure him that the king had
commanded him to give his letter, sent to the last Assemblie, to
the advocat, to libell an accusatioun therupon against him ; and to
will him to be more calme ; but to no purpose. Sir Patrik reported
to the king, that since Mr James fell sicke, he was become more
fierie nor Mr Andrew. The king hearing that he was not afFrayed
with threats, said he was become phrenetlck.
1602. OF THE KIRK OF SCOTLimD. 139
MR n. BLTTH SUMMOUNED.
Mr Henrie Blyth was summounecl to compeere before the king
and commissioners for finding fault, in pulpit, with giving remis-
siouns for blood and recent murther, and worse remissiouns also, as
he termed them, in generall. The brute went indeid, in the meane
tyme, that the king had givin to Powrie Ogilvie a remissioun for
traffiquing against the countrie and religioun, and for counter-
footting the king's hand writt and great scale. Mr Henrie compeer-
ing, was desired onlie to be wiser in tymes comming.
In the moneth of December were slaine to the number of fiftie
Scotish men at one tyme, in the Lewes, by the yland men. Cer-
tan gentlemen of the low countrie had informed the king and coun-
sell, that the inhabitants of that yle were wicked and evill people,
as they were indeid ; that the land itself, if it were manured, was
fertile, and the seas about were profitable for fishing ; that none
of the low countrie might repaire among them, to traffique, becaus
sindrie of them were slaine. Wherupon the king dispouned the
said yle and commoditeis therof, to some gentle men, barons of
Fife in speciall. They bruiked it three yeeres or thereby; for
they interteanned some men under wages, builded a strenth, and
had slaine sindrie of the principall inhabitants of the yle : but after,
they became more carelesse, and keeped not suche a companie of
men under waiges. So the strenth was surprized upon the day
foresaid, and few of the Lowland men escaped.
M.DC.II.
A CONFERENCE BETUIXT MR R. BRUCE AND SOME DIRECTED FROM
THE KING.
The king appointed Mr Robert Bruce to come to Craigmillar,
to conferre with some appointed by him. Mr Robert tooke Mr
140 calderwood's historie 1602.
Patrlk Sirasone with him, to be a witnesse of their dealing. So,
upon the 15th of Januar, they mett at Craigmillar. They pro-
pouned three things to him : That he would approve the booke
sett out upon Gowreis conspiracie ; that he would purge the king
in suche places as the king sould appoint him to pi'eache in ; that
he would crave the king's pardoun for his long mistrust and dis-
obedience. All the three were refused by Mr Robert. After long
conference, they gave him some articles and instructiouns in writt,
and craved his answere in writt, the tenour wherof followeth : —
INSTRUCTIONS FOR HIS MAJESTIE's COMMISSIONERS DIRECTED TO
MR ROBERT BRUCE.
" Whether if he be throughlie resolved now, of the forme and
manor of that treasonable attempt committed against his Majestic
at Perth; and sjjeciallie, of his Majestie's honest minde, intentioun,
and miraculous deliverie ; and of Gowrie and his brother's vile and
bloodie conspiracie, intended to the talking away of his Majestie's
life, as is particularlle sett doun in the printed booke, and acts
tlieranent, or not ?
" As his doubting of that turne has beene the principall cans of the
doubt of raanle, and of his Hlenesse' slander in that point. If he be
willing to utter in pulpit, in suche places as he sail be appointed,
his resolutloun therin, according to the forme of the said articles,
als cheerelie as anle his Majestie's good svibjects have done ; craving
pai'doun, and excusing his long Incredulitle, and the slander aris-
ing therupon ; and wishing the people that anle wise doubted
therof, as they were ever readie to conceave doubts upon unjust
grounds, onlie moved by his exemple, so now to be content, by his
meanes, rightlie to be resolved therof.
(Sic suhscrihitur) *' James R."
1602. OF THE KIRK OP SCOTLAND. 141
MR ROBERT BRUCE HIS ANSWERE TO HIS MAJESTIE'S INSTRUCTIONS
DELIVERED TO HIM BY HIS MAJESTIE's COMMISSIONERS, WHO
WERE SENT EOR THAT EFFECT.
" Seing his Majestie's commissioners have required me to give
my answeres in writt imto certan articles givin unto them, under
the name of instructiouns, I answere plainhe, that as tuiching that
mater wherupon these instructiouns are past, I have alreadie satis-
fied, first his Majestie's ambassaders, as was appointed me ; whose
satisfactioun unto me, was his Majestie's satisfactioun. Nixt, when
his Majestic craved my resolutioun in writt by Mr Peter Hewat,
who was sent to me for that effect, I gave my resolutioun in writt.
And suppose that Mr Peter then brought me a warrant to come
home, yitt in respect his Majestie's letter, directed at that same
tyme to me by Mr Peter, commanded me not to repaire within his
Majestie's realme, whill his Majestic had first found satisfactioun
by my writt, I did sua, and stayed till Mr Peter, who was his
Majestie's mouth to me, plainlie testified by his owne writt, that
his Majestic was satisfied : yea, I stayed long after, and all to be
certified of his Majestie's satisfactioun; and found, so farre as I
could learne by all men, that his Majestic would never putt me to
farther trouble tuiching that mater. So, I can not but mervell
greathe wherupon these articles sould grow. These men who putt
me to this bussinesse, doubtlesse invy my peace, and are no wise
wearied of my long banishment. Yitt I will looke that a Christian
duetle sail be keeped to me ; that the faith that is givin me, both
by word and writt, sail not be violated. And if these bands can-
not bind Christians, what sail I say ? I have a bodie and some
goods : lett his Majestic use these, as God sail direct him ; but as
to my inward peace, I would pray his Majestic, in all humilitie, to
suffer me to keepe it, as God of his mercie sail enable me. For I
am of that minde, that no good subject has gone farther nor I have
gone. And, therefore, if my weill were sought, the thing that I
142 calderwood's historie 1602.
have said behoved to give satisfactloun to anie reasonable man.
This farre for answere to his Majestie's commissioners."
The secund answere is peremptour to the articles, and not dila-
tour, as the first was.
" Suppose this be my answere to you, brethrein, who are his
Majestie's commissioners, (for it becomes me, with you, to stand
upon my right and lawfull defence,) yitt, least this maner of doing
sould appeare onlie a tergiversatioun in me, I answere to the sub-
stance of both the articles directlie.
'• And first, where it is said that I am the principal! cans, and,
consequentlie, the princlpall author of his Majestie's slander : this
is a verie heavie imputatioun, I grant ; and if anie of my action ns
could produce this effect, as a proper effect flowing immediatlie
from them, surelie, by all lawes, I behoved to merit great punish-
ment. But how is this proved, I pray you ? Becaus I doubted.
I doubted, I grant, but not simplie: for, as his Majestie's subject,
I never refused to doe the duetie of a subject ; but as the mouth
of God, to utter in pulpit under the authoritie of my calling, heere
I behoved to stand, whill I gott verie good light ; for I am com-
manded to speeke there from the "Word, and from my owne per-
swasioun ; to speeke as the oracles of God, and to doe nothing
with a doubting conscience. So this ray deid can not produce
this as a proper effect : yea, how sould it be my deid, seing it was
never in my minde ; yea, the verie flatt contrarie ? If I had knowne
guiltinesse, as I know not, yitt, notwithstanding, to have procured
his Majestic peace, both inward and outward, by all humble and
loving dueteis that lay in my power. So, seing God and my owne
conscience speekes for me, and cleeres me from that imputatioun,
I regaird the slander the lesse, becaus he is onlie allowed whom
God commends ; and I [would] rather give my life, er it could be
made out by anie necessar consequence in the world. But will
yee suffer me to tell you the truthe, what was the great and prin-
cipall cans of the people's doubting : the strait urging of the minis-
trie, the varietie of reports, and the spairing of Hendersone.
1602. OF THE KIRK OF SCOTLAND. 143
These are the true causes, so farre as I can gather. I had beeiie
verie malicious, if that minde had beene in me ; for I would have
beene verie laith that anie sould have dealt so with my self.
" NoAV, nixt, as tuiching my preaching, I had never a calling of
God, as yitt, to anie place in this land, save to Edinburgh. There
I found His majestie's blessing in some measure. Place me there
where God placed me, and I sail teache als fruictfull and whole-
some doctrine to the honour of the magistrat, as God sail give me
grace. But to goe through the countrie, and make proclamatiouns
heere and there, it will be compted ather a beastlie feare, or a
beastlie flatterie in me. And in so doing, I sould not exeeme
doubts nather, but raise greater, doe no good to the caus, but great
harme ; for people looke not to words, but to grounds. And as to
my self, I will ever be a partiall and spairing blazer of my owne
infirmiteis. Others will be farre better heralds of my ignominie
than I myself. My incredulitie has turned alreadie to ray paine.
And if it were leasome to speare, I would gladelie know these
good subjects, that say they have uttered this forme of article in
pulpit, as it is tuiched heere : I would wish they would putt their
hands to it, that we might trust them ; for writt is the surest and
most diuturnall testimonie. Otherwise, they who speeke so, and
make his Majestic beleeve they doe, but abuse his Majestic with
words, and maske a fained heart with the vaile of fairded lano-uaore,
thinking thereby to devolve the whole weight of the former impu-
tatioun upon me. But God, in his owne tyme, I doubt not,
sail cleere me of it. And I beseeche the true and living God to
teache me the art of right and duetifuU obedience, and from my
heart to rander all these humble and submissive dueteis that an
obedient subject ought to rander to his prince, and to make me
faithful! and upright to the end to Him that called me."
THE king's THRID SONNE BORNE.
Upon Moonday, the 18th of Januar, the queene was delivered
of her thrid sonne, in Dumfermline, but he lived not halfe a yeere.
144 calderwood's historie 1602.
A brute went abroad at this tyme, that a Hieland man in Argile
had learned some Irish verses in the night, by one that appeared
unto him waking in a visioun, or in a dreame, whill he was asleepe.
The sentence was found to be this, — that the king's second sonne,
Charles, sould be a great prince, and mervellous in his deeds.
The commissioners of the Generall Assemblie wrote this letter
following to the presby terie of St Andrewes, the 20th of Januar.
The letter was dytted by Mr George Gladestains, generall, and
officious more to purchasse credit to the king and themselves, than
out of feare of anie danger apprehended by them. Yitt, as Mr
Andrew Melvill noted upon the backe of their letter, they would
cry, " Hanniball ad portas!"
" To their right worshipfull Brethrein the Presbyterie of
St Andrewes, Grace and Peace from God, the Father
of our Lord Jesus Christ.
" Right worshipfull Brethrein, — The manifold arguments
of the fearefuU judgements of God so evidentlie approaching, and
tending to the troubling als weill of religioun as of the estat of this
countrie, makes us to requeist you most efFectuouslie, as yee tender
the Gospell, the good estat of the countrie, and your owne quiet-
nesse, and as yee Avill answere to the Lord upon your fidelitie, in
the administratioun of his kingdom, that yee stirre up your graces
to a zealous, wise, and faithfull diligence in your calling, according
to the necessitie of the tyme, that by your labours and good
exemple the whole people may be brought to seeke the Lord with
unfained repentance. For this we certifie you, the cheefe hope of
this case, so farre as we can perceave, will stand onlie in our teares
and earnest prayers. And neglect no ordinarie meane, whereby
your travells and credit may serve to strenthen the cans. Deale
with all noble men, barons, and other cheefe men within your
bounds, that they may apprehend the danger imminent to reli-
gioun, the libertie of the countrie, and their owne particular estat,
if the factioun of the Spaniard prevaile in this yle. Perswade
1G02. OF THE KIRK OF SCOTLAND. 145
them of the king's honest minde and steadfast resolutioun, to
hazard his estat, life, and crowne, in the caus of the Gospell, with
the standing and falling wherof he acknowledges his standing and
falling to be inseparablie conjoynned. Assure them, also, of his
Majestie's fordward resolutioun to execute justice against all sorts
of malefactors, horners, and rebells of all estats. Marke carefuUie
the actiouns of all men, speciallie suche as ather for religioun or
mislyking of the present governement, or for necessitie of their
owne estat, are inclynned to novatiouns, and troubling of the
king's estate, and that yee see in anie kinde of extraordinar bussi-
nesse, by their custome ; and make the king's ministers advertised
therof ; and ceasse not, in the meane tyme, to bring them to a
quietter minde ; and be not slow to make all suche intelligence as
yee can, that by ordinar meanes, so farre as is possible, the dan-
gers may be prevented. For this effect, in all your ordinarie
meetings at presbytereis, inquire among your selves particularlie
what everie man knowes in the premisses ; and take order for send-
ing word theranent to the king's ministers, as yee sail be, God
willing, more speciallie acquainted with the particulars that sail
happin to fall out heere, als farre as may be divulgated without
greater danger. We beseeke you, brethrein, take not these adver-
tisements so carelesselie as in tymes past ; for the estat of things
goes harder than that we sould neglect them. The Lord give you
wisdom, and blesse your labours. From Halyrudhous, the 20th
day of Januar 1602.
" By your brethrein and fellow-labourers, the commis-
sioners of the Generall Assemblie,
" D. LiNDSEY. " Mr JoHNE Knox.
" Mr Robert Pont. '' Mr Andrew Lamb.
" Mr P. Galloway. " Mr Johne Abernethie."
" Mr Johne Hall.
papists borne with.
Notwithstanding of this faire shew, the inhabitants of Dumfrels,
vol. VI. K
146 calderwood's historie 1602.
accused for going to the masse in the beginning of the same
moneth, were for the most part suffered to returne home without
punishment, after manie mirrie mowes past, becaus, as was alledged,
they would not sweare their owne turpitude; though not long
before, one of Pokileis gentlemen was executed upon his owne oath,
for other maters. And not long after, in the moneth of Marche,
Maxwell was wairded for the fashioun, and some others ; but the
Papists were not muche moved with the mater. Mr Johne Ham-
miltoun, the apostat, taught in Maxwell's galrie publictlie, a little
before, upon Luke ix. 58, " The foxes have holes," &c.
A CONFERENCE BETUIXT THE KING AND MR R. BRUCE.
In the beginning of Aprile, the Erie of Marr directed a letter to
Mr Robert Bruce, at the king's directioun, to come to Brechin
with diligence. Immediatlie before the recept of the letter, he
was exercised in prayer, with shedding of teares. When he came
to Brechin, als soone as the king saw him, he rose, and came ford-
ward to the place where he stood, and looked, as appeared to Mr
Robert, verie lovinglie. He caused voide the hous, none remain-
ing but the king [and Mr Robert. The king asked if he was
resolved ? He answered, " Yes." He asked nixt, what moved
him ? Mr Robert answered, Sindrie things, namelie, my Lord of
Marr his deepe swearing ; " for I thought," said he, " that a Chris-
tian of his qualitie sould not mansweare himself for all the geare
in the world." "How could he sweare?" said the king; "he
nather saw nor heard." " I cannot tell you that. Sir," said Mr
Robert ; " but, indeid, he swore verie deepelie." The king would
understand what was the forme of the oath ; which he repeated to
him. " What was the cans then," said the king, " yee would not
trust me?" " Sir," said Mr Robert, " your Majestic tooke no
paines to informe me." " I sent," said the king, " Sir Thomas
Ai'eskine to you." " As for Sir Thomas," said Mr Robert, " I
trusted him in a part ; but there were other things that I thought
hard." "What was that?" said the king. "That part which
1G02. OF THE KIRK OP SCOTLAND. 147
concerned the Maister of Gowrie and your Majestic," said Mr
Robert. " Doubt yee of that?" said the king; " then yee could
not but compt me a raurtherer." " It followeth not, if it please
you, Sir," said Mr Robert, " for yee might have some secreit
caus."
The king deduced the whole tragedie from the beginning ; Mr
Robert uttered his doubt where he found occasioun. The king
heard hira gentlie, and with a constant countenance, which Mr
Robert admired. At last, the king urgeth him to preache the
articles which were sent to him. Mr Robert answered, he had
givin his answere alreadie to these aticles, and had offered to the
ambassaders that which all men thought satisfactioun, yea, more
than preaching. "What is that?" said the king. "That I Avill
subscribe my resolutioun," said Mr Robert. " Trust yee it ?" said
the king. " Yes, Sir," said Mr Robert. " If yee trust it, why
may yee not preache it?" said the king. "I will tell you, Sir,"
said Mr Robert. " I give it but a doubtsome trust ; for I learne
this out of Bernard : In doubtsome things, to give an undoubted
trust, is temeritie ; and in undoubted things, to give a doubtsome
trust, is infirmitie." " But this is undoubted," said the king.
" Then beare with my infirmitie," said Mr Robert. " But yee say
it Is more than preaching," said the king. " Sir, I ought to preache
nothing but the Word of God," said Mr Robert. " Obedience to
princes, suppose they were wicked. Is In the Word of God," said
the king. " I durst lay a wager there Is no expresse word of King
James the Sixt in the Scripture." " Yes," said Mr Robert ; " If
there be a king there, there Is word for you also." " The whole
kirk has done it alreadie," said the king ; " yee must not be
singular." " Sindrie have not done It," said Mr Robert. " Show
me one," said the king. " Your Majestic must beare with me," said
Mr Robert, " for It were against the rule of charitle to harme my
brethrein." He desired the king to conveene the ministrie to see
what they would injoyne him to doe. " That needeth not," said
the king : " none darre, or will refuse, but yee ; and, therefore, yee
are the sole and onlie ground of my slander." Mr Robert, to
148 caldeewood's historie 1602.
cleere him of this imputatloun, said, " I have offered to subscribe
my resolutioun in what language your Majestie pleaseth, which
none have done but I ; and this is a diuternall and constant
testimonie." " Where is your resolutioun ?" said the king. " I
sent it in writt to your Majestie," said Mr Robert. " That which
yee sent was too generall," said the king. " But what fault find
yee in my articles ?" "I cannot remember all, but one thing I
remember," said Mr Robert ; " yee would have me to resolve
according to your booke ; and who can doe that ?" " There is never
a false word in that booke," said the king. " Yea, Sir," said Mr
Robert, " there are sindrie." " "Weill, then," said the king, " we
sail putt out that claus out of the articles. What other fault find
yee?" "I cannot remember now," said Mr Robert. "Have yee
not the articles ?" said the king. " I gave them to Sir Patrik
Murrey," said Mr Robert. " I am sure," said the king, " yee have
keeped the copie."
Mr Robert perceaving the king's drift was to urge him with
farther, thought it not expedient to produce the copie. " Weill,"
said the king, " stay heere till Sir Patrik come." Yitt after
supper, Mr Robert gott licence to returne home, till the nixt
advertisement. Sindrie other things past betuixt the king and
him in conference ; as namelie, Mr Robert desired that he and
others of the ministrie be not urged to hurt their consciences ; and
that his Majestie would not thinke that honest men would sell
their soules, howbeit their bodeis and geare sail be at his command.
" I understand not what yee meane," said the king, " by the selling
of your soules ; but I sail gar the best of you say, and gainsay."
" That may be. Sir," said Mr Robert, " and that yitt they say not
against conscience." " Yee sail not find the like in me," said the
king : *' my saying sail be alwayes one." " It setteth not to com-
pare with your Majestie," said Mr Robert. He prayed in his
heart all the tyme thus : " O Lord, keepe my heart unto thee, and
save me from the danger that this traterous and false heart is lyke
to cast me into."
1602. OP THE KIRK OF SCOTLAND. 149
MR J. MELVILL'S letter TO THE SYNOD OF FIFE.
Mr James Melvill being deteanned by sickenesse from repairing
to the Provinciall Assemblie holdin at Cowper, in Aprile, wrote to
the brethrein of the ministrie this letter following : —
" The Spirit of holinesse, wisdom, peace, poxver, and freedom,
from God the Father, through the Lord Jesus, his
Sonne, our Saviour, be among you, deere brethrein.
" Howbeit my disease be so notorious, that all this winter I have
not seene my brethrein's face in our presbyterie, save once in
passing by, nor my owne flocke's in their congregatioun, but twise or
thrise, to my great greefe and sharpe correctioun, yitt I could not
but according to the order, excuse my absence from you by writt.
And least the writt sould seeme emptie, conteaning but a bare
excuse, as also that my absence might be the easier comported
with, I could not but communicat with you the things that are
most in my minde at this tyme, as I hope they are farther and
better in yours.
" First, That the mentioun, thought, and care of the commoun
estat of our kirk, keepe and bruike the first place in your assem-
blie ; and that nather forgetfulnesse, particular care of our owne
turnes, favour, nor feare of men, dispossesse the same. And how-
beit it appeares that nothing can be helped or bettered in the same,
yitt it stirreth up to prayer, and easeth a little the conscience, to
have it motiouned among you, and regrated there before God.
" Nixt, I would wishe that everie man sould speeke there before
God, in his assemblie, as he speekes with God in his conscience,
namelie, being lightenned and wakenned by earnest meditatioun of
the Word of God, and consideratioun of maters, how they passe
conforme or contrare thereunto ; and not to beare up for feare or
favour of anie man, that which sould be uttered for the honour of
our Christ ; Avhich may be a biting vaspe, to wanrest the conscience
150 calderwood's historie 1602.
tbei-after. For traelle, I am contrare in judgement to him who
said he repented oftin of his speeking, but never of his silence. And
certanlie, my silence (when required in my owne place, I might
have freelie uttered my conscience, and by meditated reasouns
stoutlie stood therunto) is now my sharpest accusatioun.
" Thridlie, The closing of that mouth which God opened so
notablie, and undoing of that ministrie which was so steadable to
the Kirk of Christ, and so powerfuU in confort to the faithfull, and
fearefull to the enemeis within the Sion of our Jerusalem, (I meane
of that most faithfull servant of God, Mr Robert Bruce,) can not
but highlie crab Christ, and make pastors in speciall to feele the
dint of his wrathe, if they make not instant and faithfull wairning
to the prince theranent.
" Fourthlie, In my judgement our assemblie cannot be sackelesse
of the blood of the soules of the people of Dysert, if their minister
be not helped, becaus it lyes in our hand to caus all our members
doe that which becomes of conscience and duetie. And I trow
there is none in conscience (except suche who, sitting in the verie
court of conscience, cannot with patience heare conscience named)
can thinke it tolerable that suche a living sould be uplifted by a
minister, and his ministrie so weakelie mainteaned.
" And last, For the merceis of Christ, preasse with all possibilitie
to purge these foule slanders which ly upon us ; for, alas ! we are
farre from the holinesse of Christ's kirk, when we are suspected by
our owne verie freinds of suche filthinesse, as is skarse named
among the Gentiles.^ But it is easier to prescribe nor practise.
And, therefore, I beseeke the Almightie Prince of Pastors, to grant
you both to will and doe according to his good pleasure. So,
beseeking you, deere brethrein, to pray to God for me, ather to
take me to his rest in mercie from this vexatioun, or grant me
libertie to doe something in his worke heere, or then to be content
with his good will and pleasm'e, howsoever it seeme to my silHe
senses: for the cheefe challenge of my conscience, is unduetifull
1 Mr Adam Mitchell, minister at Cowper, was slandered for adulterie. — Note in
the Original.
1G02. OF THE KIEK OF SCOTLAND. 151
neslisence, when I mio;lit have done weill both to the commoun
worke and my particular charge. And, therefore, I feare, in wrath
that God has taikin abilitie from me. Intreate him, therefore, for
mercie to be powred on me in Jesus Christ, as the tender affectioun
of my soule in his bowells sail be stirred up to him according to
the measure of the furniture of his Spirit, for you all in generall,
and everie one of you in particular ; as most humblie, at this
present, I commend you to his grace, who is the onlie gratious God
blessed for ever. From Anstruther, the penult of Marche, 1602.
" Your brother most lovinglie and humblie in Christ."
SUSPICION OF A CONSPIRACIE.
About the end of Aprile, an English gentleman addressed him-
self to com't, and gott presence of the king upon the last of Aprile,
and conferred with him a little space in Dumfermline. Therafter
he went to his loodging. He slue James Chalmers, one of the
king's servants, and hurt the barber that was poling his head,
before they were awar. He was apprehended, and putt in the
Tolbuith of Dumfermline. He cryed lyke a mad man, " The
houre, the houre ! the king, the king !" &c. Being examined, he
confessed that he and an Italian sould have slaine the king, as is
reported. He was transported to the Castell of Edinburgh, and
keeped in the yrons ; but within a quarter of a yeere was sett at
libertie. It was reported that the king thought not muche of the
mater, but tooke the man to be somwhat distracted in his witts.
THE king's THRID SONNE DIETH.
Upon the 27th of May, the king's young sonne, called Kobert,
and styled Marquesse of Wigtoun, departed this life, and his corps
was secreitlie transported in a coffine to Halyrudhous. Doctor
Hereis gott cold thankes for his cure.
152 calderwood's histoeie 1602.
MR J. Davidson's supplication,
Mr Johne Davidsone being informed that the king had granted
at the commissioner's requeist, to give him a release incace he
would sute for it, wrote this letter following upon the 22d of
June, to be sent to the king, who was for the tyme at St Johns-
toun, with a number of the nobilitie and commissioners of the
kirk :—
" Grace and peace, with a long and prosperous governement. Amen.
" Sir, — As it was your Majestie's will more than a yeere since,
that by wairding I sould be restrained of wounted libertie, till
your Majestie's minde sould be knowne to the contrare, so, in all
submissioun and reverence, I have obeyed the same to this houre,
(although to the great impairing of my health, and hinderance in
things of this life ;) wherefore, this is most humblie to crave of
your Majestic, that it may please your Majestic to restore me now
again to my wounted libertie of a free subject of your realme, to
doe my lawful! effaires as occasioun sail serve : which, by all appear-
ance, I am not long to injoy, if God prosecute his intended
summouns of removing to a farre better freedome, wherewith
daylie, in a maner, I beginne to be charged. And your Majestie's
loving answere in writt for my warrant, most humbhe beseekes.
From my wairding place of Saltprestoun, the 22d of June, 1602.
" Your Majestie's most humble and loving subject, testified
in the sight of God and man, by his continuall publict,
domestick, and privat prayers,
"Johne Davidsone,
" Christ's Minister at Saltprestoun."
The king perceaved that there was no confessioun of a fault.
When Mr Johne Hall, who seemed to be a freind to Mr David-
sone, would have extenuated the fault, the king said, " I am gentle
and courteous, but not a lipper." So Mr Davidsone was disap-
pointed.
1602. OP THE KIRK OF SCOTLAND. 153
A CONFERENCE BETWEEN THE KING, THE COMMISSIONERS,
^ AND MR R. BRUCE.
Mr Eobert Bruce, after his conference with the king at Brechin,
was confynned in the parish where he had his dwelling place, and
suffered to preache no where ellis. He receaved a letter from the
king to come to him to Perth, the 24th of June. When he came
and entered in the king's chamber, no other was suffered to enter
but Sir Patrik Murrey. The king asked where the articles were ?
Mr Robert answered, that he had redelivered them to Sir Patrik
Murrey. Sir Patrik produced them. After they were read, the
king asked if he was willing to preache according to these articles ?
" Not, Sir," said Mr Robert, " if it please you." " Why ?" sayes
the king. " Becaus my preaching is the mater of my instructiouns
and commissioun, no prince hath power to give instructiouns to
another prince's ambassader. I am the Sonne of God's ambas-
sador and preacher." " But," said Mr David Lindsey, " yee offered
to preache to that effect before yee went out of the countrie."
Wherupon Sir Patrik produced Mr Robert's letter, which was read
in the audience of the king and commissioners. " Weill," said Mr
Robert, " yee refused this offer, so I am not bound to it." " Will
yee goe from the thing yee have offered ? " say they. " Weill,"
sayeth Mr Robert, " will this letter satisfie you ? Sail I be no
farther urged, in cace we condescend to this letter ? " " Nay," quoth
the king, " yee may say all this, and not be resolved. Say truelie ;
was yee resolved at that tyme or no?" "Not indeid," said Mr
Robert. " How say yee then that yee will give thankes for my
deliverance that day ?" said the king. " Yes, Sir," said Mr Robert,
" I have cans to give thankes for your preservatioun, suppose yee
had cast your self in danger." '' I told you that," quoth the king ;
"yee see what he meant. Are yee now resolved?" "Yes, Sir,"
said he. " That is but the duetie of a subject when yee have
done," said the king : " are yee resolved to preache ?" "I am
discharged to preache the pleasures of men," said Mr Robert :
154 calderwood's historie 1602.
" place me where God placed me, and I sail teache fruictfuU doc-
trine, as God sail give me grace. But we have not had that
custome to be injoynned to preache, nor I darre not promise to
keepe that injunctioun. It lyeth not in my hand to make a
promise : I know not certanelie what God will suffer me to speeke ;
I may stand dumbe. Therefore, Sir, leave me free, and when I
sail find my self to be moved by God's Spirit, and to have the
warrant of his Word, I sail not faile to doe it." " That is plaine
anabaptistrie, that is a caball and traditioun," sayes the king :
" yee sail preache as the rest have done, or ellis I can not be satis-
fied yee sail goe." "I pray your Majestic," said Mr Robert, " sett
doun your disjunctive, and the one, God willing, sail be als welcome
to me as the other. I have racked, certanelie, a peece of my heart
to pleasure your Majestic. Now, seing your Majestic can not be
satisfied, except I make shipwracke of all, lett me goe in God's
name. Suppose I have some commoditeis, as other meane gentle-
men have in your Majestie's countrie, yitt. Sir, I never desired to
have scene your Majestie's face, or your countrie ather, except I
had beene certanlie informed that your Majestic was satisfied."
"What warrant had yee? who informed you so?" said the king.
" If it please you. Sir," said Mr Robert, " I had first a warrant
from the mouth of both your ambassaders, who assured me their
satisfactioun sould be yours." " I trust," sayeth the king, " they
will not say, suppose of all this new kindnesse that is knitt up
betuixt you." " Surelie, Sir," said Mr Robert, " I am perswaded
they will say it ; and heere is a brother, (meaning Mr Patrik
Simsone,) that has heard my Lord of Marr say als muche. Beside
this, if it please you. Sir, I have your Majestie's owne warrant by
letter." " What," sayeth the king, " my letter ?" " Your Majes-
tie's letter," said Mr Robert, '' willeth me to send in my resolutioun
in writt, and therupon promised to be satisfied. And so I did,
and, therefore, I ought not to be urged anie farther." " My letter
beareth no suche thing," said the king. " If it beareth not. Sir, it
sail turne to my owne paines," said Mr Robert : " I have it beside
me."
1602. OF THE KIKK OF SCOTLAND. 155
The king went into his cabinet, and walked up and doun a rea-
sounable space. In the meane tyme, the commissioners dealt with
INIr Robert, almost eache one after another. He would gladelie have
gone out of the hous, but the doore was locked ; so he behoved to
stand till the king came out of the cabinet.
At last the king cometh out. The commissioners say to him,
" Sir, seing it is so, that Mr Robert alledgeth suche promises, yee
sail leave the preaching free to his owne will, but lett us come to
his subscriptioun in the rowme therof." " Are yee content," said
Mr David, and the rest, " to subscribe the king's innocencie, and
their guiltinesse ?" " Not in these termes," answered Mr Robert.
The king urgeth him the more earnestlie, and sayeth, " I will not
onlie have you cleering me, but my whole companie." " As for
yourMajestie's companie," said Mr Robert, " they have no need of
my cleering, nather will they seeke it. I am bound to your Ma-
jestic, and will doe all that lyeth in my possibilitie." " Then yee
must subscribe my innocencie," said the king." " Your owne con-
science, Sir, can doe that best," said Mr Robert ; " it is verie hard
for me to doe it." " Why is it hard ?" said the king. Laith was
Mr Robert to answere, least he sould irritat him ; but he insisted.
Then, said Mr Robert, " Your Majestic will not be offended if I
speeke freelie ?" " Not," said the king. " I was reading," said
Mr Robert, " upon Amandus Polanus, tuiching the slaughter of
the magicians, whom the King of Babel commanded to slay.
Amandus disputeth the question, whether the King of Babel did
Weill or not ? First, he sayeth, Animi gratia^ it would appeare
that he did weill ; for he had the plaine law of God for him in
manie places. Yitt he concludes against the king, that he did not
Weill ; for howsoever he had the law, yitt he looked not to the law,
nor had regard to God or his glorie. ' Therefore,' sayeth he,
' howsoever the magistrat hath the sword, and may most justlie
execute, yitt if he have nothing but his owne particular before his
eyes, nather God nor his glorie, he is a murtherer.' Now, Sir,
I pray you, what can I or anie man say what your Majestic had
before your eyes, or what particular yee had ?" " It is true that,"
156 calderwood's historie 1602.
sayeth the king, " and, therefore, I will give you leave to pose me
upon the particulars." " Then, first, if it please you, Sir," said Mr
Robert, " had yee a purpose to slay my lord ?" " As I sail answere
to God," sayeth the king, " I knew not that my lord was slaine,
till I saw him in his last agonie ; and was verie sorie, yea, prayed
in my heart for the same." " What say yee then, concerning Mr
Alexander ?" said Mr Robert. " I grant," said the king, " I am
art and part of Mr Alexander's slaughter, for it was in my owne
defence." " Why brought yee not him to justice," said Mr Robert,
" seing yee sould have God before your eyes ?" '* I had nather
God nor the devill, man, before my eyes," said the king, " but my
owne defence." Heere the king beganne to frett. He tooke all
these points upon his salvatioun and damnatioun, and that he was
once minded to have spared Mr Alexander ; but being moved for
the tyme, the motioun prevailed. Farther, Mr Robert demanded
of the king, if he had a purpose that day in the morning to slay
Mr Alexander. The king answered upon his salvatioun, that day
in the morning he loved him as his brother. Mr Robert, by rea-
soun of his oathes, thought him innocent of anie purpose that day
in the morning to slay them. Yitt, becaus he confessed he had
not God or justice before his eyes, but was in a heate and minde
to revenge, he could not be innocent before God, and had great
cans to repent, and to crave mercie for Christ's sake.
In end, Mr Robert yeelded to subscribe his resolutioun accord-
ing to the act of parliament. Which he did, partlie, becaus in his
judgement, it was the duetie of a subject to reverence the lawes of
the countrie, except he knew them certanelie to be contrarie to
the Word of God. Nixt, he thought, he was bound to free him-
self of that imputatioun which was layed to his charge, partlie by
the king himself, partlie by others directed to him from the king,
that come death come life to him, come what would come of him, the
whole blame sould ly upon him, in respect he was the author of the
slander. Thridlie, becaus he made a faithfuU promise to him, that
no more sould be craved of him. So, upon these three respects,
he gave his resolutioun in writt, not that he was perswaded in his
1602. OF THE KIRK OF SCOTLAND. 157
conscience, for anie thing that he could learne by himself or from
God's Spirit after prayer, as he himself recordeth in the historic of
these proceedings, but in respect there was a strait and publict law,
he thought good to follow it, till God gave him farther light. All
the commissioners, and Mr Patrik Simsone who accompanied him,
subscribed as witnesses. Heerupon a warrant was granted unto
him to travell abroad in the countrie, providing he came not neere
Edinburgh by foure myles.
MR A. MELVILL CONFYlSnsrED.
About the end of Julie, Mr Andrew Melvill, making the exercise
upon Ephes. v. 11, tuiched the present corruptiouns of the kirk, and
namelie, of the ministrie of St Andrewes. They compleane to the
king. The king went to St Andrewes in Julie after, and com-
manded him to keepe waird in the colledge.
*' Apud S. Andrewes, undecimo die mensis Julii,
anno Domini 1G02.
" The king's Majestic, for certan causes and consideratiouns
moving his Hienesse, ordeans a macer or other officer of armes to
passe, and in his name and authoritie command and charge Mr A.
Melvill, Principall of the New Colledge of St Andrewes, to remaine
and conteane himself in waird within the precinct of the said col-
ledge, and in no wise to resort nor repaire without the said pre-
cinct, whill he be lawfullie and orderlie releeved and fred by his
Majestic, under the paine of rebellioun, and putting of him to
the home ; with certificatioun to him, if he faile, and doe in the
contrare, that he sail be incontinent therafter denounced rebell,
and putt to the home, and aU his movable goods escheat to his
Highness' use, for his contemptioun. — Thomas Fentoun, Mes~
singer^
By the queen's intercessioun he gott libertie to travell abroad,
within six myles to St Andrewes.
The learned in that presbyterie handled the controverted heeds
158 calderwood's historie 1602.
in the scliooles of divlnitie, as if they had beene confuting the
Papists onlie, when as their cheefe purpose was, to cleere the con-
troverseis arising in our kirk ; whereby the ministers in that
province were muche edified. This exercise galled the court
ministers. But becaus it was done in the Latin tongue, in the
schooles, and in show against Papists, it could not justlie be found
fault with.
A FRENCHE AMBASSADER.
About the end of Julie there came a Frenche ambassader out of
Prance, with his wife and familie, of purpose to remaine in this
countrie for the space of three yeeres, as was reported, and had in
his companie a masse preest.
MR R. BRUCE URGED WITH A VOYAGE TO THE NORTH.
In the beginning of August, Mr Robert Bruce was writtin for to
come to Falkland. When he came, Mr Alexander Lindsey, now
Bishop of Dunkelden, assured him the king was to send him to the
North, to travell with the Erie of Huntlie for his conversioun, and
if he refused, the king would charge him to teache in St Johnes-
toun, the 5th of August. Mr Robert answered, he could not be
urged with the last, in respect he had the king's promise and his
hand. ]\Ir Alexander assured him, that the king compted the
thing which was done, but the duetie of a subject ; but he had not
gottin of him, as yitt, the duetie of a pastor, which it behoved him
to have. " Is it so ?" said Mr Robert : " assure the rest of the commis-
sioners, that I will take me to them particularlie, and lay all the blame
upon them, of whatsoever sail fall furth ; and signifie to them from
me, that I compt this a breache of promise, and an evill eflPect of the
last agreement." After that Mr Alexander had declared Mr Ro-
bert's minde to the commissioners, he returned to Mr Robert with
this answere. That they would deale with the king what in them
lay, to putt that mater to the last point, or to putt the king off the
1G02. OF THE KIRK OF SCOTL.YND. 159
last point ; advised him to give the king good answeres tuiching the
northland voyage ; and if he feared anie danger in it, they promised
to divert the king: from it. The king; being; informed of Mr Ro-
bert's resolutioun, urged him onlie with the northland voyage. Mr
Robert craved a tyme to advise. The king appointed him to come
to him at Stirline, within twentie dayes. Mr Robert went to the
king in Stirline, and prayed the king to beare with him ; for it
behoved him to see his sovertie before he went. Farther, he
said, he knew not whether his lordship was desirous of him or
not ; and he knew certanlie, that Mr Johne Hammiltoun, the apos-
tate, and bussie traffiquing Papist, a man no wise answerable to
his Majestie's lawes, w^as in the North : that so long as the Mar-
quesse of Huntlie covered him with his wings, there could be no
suretie for him in these parts. The king willed him to come to
Falkland, the 15th of September, where, and at what tyme, he
doubted not but Huntlie would satisfie him tuiching his suretie.
Mr Robert, in his journey toward Falkland upon the 15th of Sep-
tember, is advertised that Huntlie was not at court, but returned
homeward ; wherupon he returned to his owne hous. The true
intent of the king and commissioners was, to send him farre north,
least his presence in the south parts sould be an impediment to
their course of Episcopacie.
MINISTERS SUMMONED FOR NEGLECT OF THE 5tH DAY OF AUGUST.
The fyft day of August being, by act of Parliament, ordeanned
to be solemnlie keeped without anie constitutioun of the kirk made
theranent, was neglected by sindrie ministers of Fife. They were
summouned pubhctlie at mercat croces, to compeere before the king
and his counsell. The narrative of the proclamatioun was foule
and fearefull. Mr James Melvill resolved to declyne, after the
old maner, if they were brought before the counsell, which the
king vowed sould be capitall. Mr James found himself weill
resolved, wherof the place where he meditated and prayed held
him day lie in remembrance. The king, understanding by Mr
IGO calderavood's historie 1602.
Patrlk Galloway, what was his resolutioun, called him and the rest
calmelie and freindlie before the commissioners, none of the coun-
sell being present. After a word or two spokin for the fashioun,
they Avere dismissed.
F. MOWBRAY ACCUSED OF TREASOUN.
In October, the king was advertised out of England, of a con-
spiracie. An Italian, who had beene in this countrie eight yeeres,
alledged upon Francis Mowbray, sonne to the Laird of Barnbou-
gall, that he solicited him to take part with him in cutting off the
king by poysoun, or some other meanes. They were both pre-
sented before the counsell of England. At the king's desire, they
were sent to Scotland. The Italian affirmed constantlie before the
king, and offered to fight the single combat.
THE * * * GENERALL ASSEMBLIE.
The Generall Assemblie, howbeit appointed at the last ordinarie
Assemblie for the fashioun, at St Andrewes, the last Tuisday of
Julie, was prorogued by the king to the tenth of November; for
now, it was the custome that the king appointed the Assembleis
when and where he pleased, by proclamatiouns at the mercat croces.
So the Assemblie conveenned at Halyrudhous, the 10th of Novem-
ber, and satt in the royall chappell. Exhortatioun being made by
Mr Johne Hall, Moderator of the last Assemblie, Mr Patrik Gal-
loway was chosin Moderator ; for all things were prepared by the
king and commissioners, for anie purpose that served their cheefe
intent. Mr James Melvill, when his vote was asked at the elec-
tioun of the moderator, answered as followeth : — " With all reve-
rence of your Majestic, before I speeke anie thing In this Assem-
blie, I must protest, that seing it is conveenned extraordinarilie, by
the tyme appointed in the last Assemblie, by your Majestie's
authoritie, and is keeped heere within your Majestie's palace, a
place not accustomed heeretofore to hold the Assembleis of the
1602. OF THE KIRK OF SCOTLAND. 161
kirk ; in whatsoever be done therin contrare to the Word of God,
and former constitutiouns of the kirk, and established discipline
therof, (which God forbid,) to be null and of no effect, and remedied
at the nixt ordinar and lawfull Generall Assemblie of the Kirk of
Scotland." Therafter he gave his vote. The assessors appointed
to conveene with the Moderator, in the privie conference for
treattinof of suche things as are to be concluded in the Assem-
blie are, Mrs Johne Hall, Robert Pont, George Gladestains, David
Lindsej, Alexander Rawsoun, Peter Blekburne, Johne Strath-
auchane, David Rait, Alexander Forbesse, James Nicolsone, Robert
Howie, James Melvill, Robert Wilkie, Johne Carmichaell, Alexan-
der Lindsey, William Glasse, Patrik Schairp, James Balfour,
Walter Balcalquall, James Law, Johne Spotiswod, Johne Clap-
perton, Johne Knox, David Barclay, William Hammiltoun, Nathan
Inglis, Johne Hay, Andrew Lamb.
THE TRIALL OF THE COMMISSIONERS APPOINTED TO AWAIT
UPON THE POPISH LORDS.
In the secund sessioun, Mr George Gladestains, minister at St
Andrewes, was called on to give a compt of his diligence in exe-
cuting the commissioun givin by the last Assemblie ; viz., to remaine
a quarter or a halfe of yeere with the Marquesse of Huntlie, to
inforrae him and his familie in the religioun presentlie professed,
&c. He declared that he was in the North, in his journey to visite
Cathnesse and Sutherland : he addressed himself to the Marquesse
of Huntlie, and remained with him three dayes ; conferred with
him upon the controverted heeds, and demanded what were the
cheefe doubts wherin he was not satisfied, that he might resolve
him ; and that his lordship promised to doe so at his backe com-
ming. Mr George being asked why he made no longer residence
with him, conforme to his commissioun, answered, that he could not,
becaus the Marquesse of Huntlie was upon his voyage southward,
at his Majestie's directioun, for reconciliatioun betuixt him and the
Erie of Murrey, and that that feed hindered him to communicat.
VOL. VI. L
162 caldeewood's histoeie 1602.
Being demanded why his kirks were not planted ; why he resorted not
to preaching, at the ordinarie tymes, in his parish kirk ? he answered,
that the non-planting of kirks proceeded from not giving of licence
to the persons of the said kirks to renew his tacks, conforme to the
promise made by the commissioners of the Generall Assemblie,
when he consented to the augmentatioun of the rent of the said
kirks. As for the other point, that he alledged, he could not weill
resort to the parish kirk, partlie in respect of the meane ranke of
suche as were with him in the parish, partlie in respect his prede-
cessors were in use to have a chappell in their owne hous, which
he was minded now to prosecute, seing he was presentlie repairing
his hous of Strabogy. Mrs Alexander and William Cowper,
appointed by the last Assemblie to await upon the Erie of Erroll, for
the effect foresaid, were called on. Mr Alexander compeering,
declared, that he waited upon the said lord, during his remaining in
the Kerse of Gowrie ; that he found him a diligent hearer of the
Word ; and having required at him, if he doubted anie thing ? his
lordship answered, that at the tyme of his reconcihatioun, he did
the same unfainedlie, and cast all scruple away. As for the plant-
ing of his kirks, that he provided the same of his owne benevolence.
As for communicating, that he would communicat at suche tyme as
the sacrament sould be ministred at anie of his owne kirks, where
his residence sould be for the tyme. Mr Johne Spotswod and Mr
James Law were appointed by the last Assemblie to await upon
the Erie of Angus. They were called for. Mr Johne Spots-
wod excused himself with awaiting upon the Duke of Lennox, in
his ambassadge to France. Mr James Law, conjunct commis-
sioner, could doe nothing without him. The ministers of these
parts where the erle haunted reported, that he resorted not to the
hearing of the Word or participatioim of the sacraments, and inter-
teanned professed enemeis to religioun in his companie, suche as
Mr Charles Browne. Mr Johne Carmichaell, appointed to await
upon the Lord Hume, declared, that he executed no part of his
commissioun, becaus the said lord was absent out of the countrie.
Mr David Lindsey and Mr Johne Hall, appointed to await upon
1602. OF THE KIRK OF SCOTLAND. 163
the Lord Hereis, incace he repaired to Edinburgh, reported, that
he stayed short tyme in Edinburgli.
TRIALL OF THE COMMISSIONERS FOR THE CONSTANT PLATT.
Tuiching the commissioners appointed by the last Assemblie to
await upon the constant platt, my Lord Collector being present,
declared, that the stay of that worke proceeded upon the default
of the presbytereis, who, for the most part, had never returned an
answere of his Majestie's letters, directed by the commissioners of
the constant platt, without the which they could not proceed.
And, therefore, the Assemblie ordeans suche as had not reported
their answeres, to produce them the mome.
TRYELL OF THE COMMISSIONERS FOR VISITATIOUN.
Tuiching the commissioners appointed for visitatioun of presby-
tereis, the Assemblie ordeans them to give in their diligence in
writt, the morne, that the samine may be tryed and considered by
the Assemblie. And, becaus there has beene slacke or no execu-
tioun of suche commissiouns in tyme bygane, by reasoun of care-
lessnesse of suche as were appointed to accept the same : There-
fore, it is ordeanned, in tyme comming, suche as sail be appointed
commissioners, sail accept the commissiouns on them, and promise
by their oaths in face of the Assemblie, to doe their faithfull and
honest diligence in the executioun therof, and to report the same to
the nixt Assemblie, in writt, under the paines conteaned in the
Acts of the General! Assemblie.
PLANTING OF QUALIFIED MINISTERS IN NEEDFULL PLACES.
The commissioners of the Generall Assemblie being called to
give a compt of their proceedings since the last Assemblie,
they were ordeaned to give in their diligence in writt, the raornc.
The which things being considered by the Assemblie, it -was
lot CALDERWOOD's HISTORIE 1602.
thought most expedient that certane qualified persons be chosin,
out of the ministrie, for planting suche parts of the countrle as are
destituted of the Word of God ; and speciallie, that qualified men
be chosin out, to be appointed ministers to the particular families
of the said noblemen ; and, likewise, that the cautioners of these
that are suspected of religioun, and Avere, by his Majestic, ordeaned
to passe off the countrie, be straitted, conforme to their band;
and, speciallie, for Patrik Butter, Patrik Mortimer, and others,
and themselves to be likewise charged for breaklno; of the said
band.
TRIALL or THE COMMISSIONERS FOR VISITATIOUN.
Sesswu7i 3. The brethrein appointed for visitatioun of the pres-
bytereis In the last Assemblie, who were ordeanned this day to
produce their diligence in writt, being called, compeered ; Mrs David
Lindsey and Johne Spotswod, commissioners for Cliddisdaill, Mr
Andrew Knox, commissioner for Air, Mr James NIcolsone and
Robert Howie, commissioners for Fife, Mr Robert Durie, commis-
sioner for Orkney, and Mr George Glaidstalns, commissioner for
Cathnesse, and produced their diligence in writt. The rest of the
said commissioners ather were not present, or had done no dili-
gence. "Which diligences produced, the Assemblie ordeanned to be
visited by their brethrein, Mrs Johne Hall, Walter Balcalquall,
Patrik Walkinshaw, Archibald Muncreif, and James Andersone,
and therafter to report what they found in it to the whole Assem-
blie.
TRIALL OF THE COMMISSIONERS OF THE GENERALL ASSEMBLIE.
The said day, the commissioners who were appointed in the last
Assemblie, for planting of burrow touns vacant, and awaiting upon
his INIajestie, who were ordeanned this day to produce their pro-
ceedings in writt, to the effect they might be tryed by the bre-
threin, and ather allowed or disallowed, conforme as they deserved,
1602. OF THE KIRK OF SCOTLAND. 165
being called, they compeered ; and in name of the rest, Mr James
Nicolsone, minister at Meigle, produced their whole proceedings
in writt. Which being openlie read in presence of the whole
Assemblie, and the brethrein being demanded by the Moderator,
if they had anie thing to say against them in anie other heed what-
somever, after the particular votes of everie one of the commis-
sioners were speered, the Assemblie allowed of the said proceed-
ings, and thanked God for the same.
MINISTERS APPOINTED TO WAIT UPON THE POPISH LORDS.
The which day, the brethrein conveenned in the present Assem-
blie, having considered that nothing is more necessar for the
advancement of God's glorie and his true religioun within this
realme, than that the cheefe rowmes and places within the coun-
trie, suche as are noble men's houses and famileis, be planted with
learned and discreit pastors, able not onlie to instruct and confirme
the saids noblemen, their wives, childrein, and famileis, in the true
feare of God, and heeds of sincere religioun professed presentlie
within this realme ; but als, who may, [by their provident care and
diligence, procure that the famileis of suche noble men be not
corrupted with the companie and banting of professed Papists,
Jesuits, and other Seminarie Preests, who goe about daylie to
smore and putt out the spunkes of true religioun and knowledge
of God kindled in the said noble men's hearts : And becaus, pre-
sentlie, suche men can not be found to undertake the charge of
the said noble men's famileis, as said is : Therefore, the Assemblie
has thought good, that, for a tyme, brethrein meetest for the pur-
pose be borrowed from their owne places, to remaine for the space
of a quarter of a yeere continuallie with the saids noble men ; by
whose labours, in the meane tyme, (whill a constant and perma-
nent provisioun may be found out for planting of these rowmes,)
the saids noble men and their famileis may be confirmed in the
truthe, and the enemeis therof debarred from their companeis ;
and therafter returne to their owne charges ; and, in the meane
166 calderwood's historie 1602.
tyme, that the presbytereis take order that their places be fur-
nished during their absence. And, therefore, they have elected
and nominated the brethrein following to await upon the said noble
men during the space foresaid ; viz., Mr William Scot, minister at
Kennoway, to remaine with the Marquesse of Huntlie ; for the
Erie of Erroll, Mr Alexander Lindsey ; for the Erie of Angus, Mr
James Law ; for the Lord Hume, Mr Johne Carmichaell ; for the
Lord Maxwell, so long as he remains in the Castell of Edinburgh,
Mr Henrie Blyth ; for the Lord Hereis, Mr Robert Wallace ; for
the Lord Sempill, the presbyterie of Irwing, during his residence
within the same ; and incace he remaine within the presbyterie of
Paisley, the said presbyterie to await upon him. And likewise,
for the Erie of Sutherland, the presbyterie of Edinburgh, incace
he make his residence within the same. And incace anie of the
noblemen make their residence anie tyme within Edinburgh, or
the presbyterie therof, the Assemblie ordeans the presbyterie of
Edinburgh to direct two brethrein of theu' number, with the like
power as the brethrein above specified, to await upon everie one
of the said noblemen that sail be found resident within their pres-
byterie. Which brethrein foresaid, and everie one of them, sail
receave the articles in writt, wherin they sail travell with the said
noble men. Which articles the Assemblie ordeans to be penned
by Mrs James Melvill, James Nicolsone, Johne Carmichaell,
Patrik Galloway, William Scot, and Alexander Lindsey, to be
givin in the morne to the Assemblie, that the brethrein may con-
sider the same ; the tenor wherof followeth : —
INSTRUCTIONS FOR THE BRETHREIN APPOINTED BY THE GENERALL
ASSEMBLIE TO ATTEND UPON THE MARQUESSE OF HUNTLIE,
THE ERLES OF ANGUS AND ERROLL, THE LORDS HUME, HEREIS,
AND MAXWELL.
" 1. Yee sail addresse yourselves with all convenient diligence
and necessarie furniture to enter in their companie and famileis,
there to remaine with them for the space of three moneths con-
1602. OF THE KIRK OP SCOTLAND. 167
tinuall ; during which tyme your principall care sail be, by public t
doctrine, by reading and interpretatioun of the Scriptures ordi-
narilie at their tables, and by conference at all meete occasiouns,
to instruct themselves in the whole grounds of true religioun and
godlinesse, speciallie in the heeds controverted, and confirme them
therin.
" 2. Take paines to catechize their famileis ordinarilie, everie
day once or twise at the least, or so oft as may serve to bring them
to some reasonable measure of knowledge and feeling of religioun,
before the expiring of the tyme prescribed for your remaining
there ; and lett the actioun beginne and end with prayer.
" 3. Preasse to have their houses purged of all persons living
inordinatlie, whose evill exemple might be a slander to their profes-
sioun, speciallie suche as are of suspected religioun, and found anie
wise bussie in traffiquing against the truthe or quietnesse of the
estat of the countrie ; and be carefull to hold all suche persona
furth of their houses and companie.
" 4. Travell to have their kirks planted with sufficient provi-
sioun of stipends, and weill qualified persons ; and procure, that
by their authoritie and assistance, the discipline of the kirk may
have executioun within their bounds.
*' 5. Perswade them to make honest provisioun of stipends for
interteanement of resident pastors at their houses, and cheefe
dwelling places, and to make choice of learned, grave, and wise
pastors, to be planted therat.
" 6. Urge the performance of the articles agreed upon and sub-
scribed at the tyme of their reconciliation, and registred in the
bookes of the Assemblie, wherout of yee sail extract them.
" 7. Informe the king's Majestic, from tyme to tyme, how they
have profited, and what companie resorteth to them ; and what
dispositioun their companie is of."
Which articles being read in audience of the Assemblie, the
brethrein approved the same, and ordeaned them to be insert,
with the commissioun givin to the ministers appointed to remaine
with the lords, in thebookes of the Assemblie.
168 CALDER wood's HISTORIE 1602.
The brethrein appointed to vlslte the diUgence of the visiters
appointed in the last Assemblie, find fault, that in all their dili-
gences produced, except of Cathnesse and Fife, the visiters have
not exactlie tryed the life, doctrine, and conversatioun of everie
minister at his owne kirk, and by his owne flocke ; but nakedlie
and slenderlie, by a generall view at the synodall assemblie ; which
the Assemblie finds fault with, and ordeans to be amended in tyme
comming.
Under colour of visitatioun, the king, and commissioners of the
Generall Assemblie, his led horse in the Assemblie, preassed to
putt two bishops in possessioun of their jurisdictioun. This was
espied, and greatlie withstood, namelie, in the person of Mr George
Gladestains. The farre greatest number of the Assemblie refused
to ap23oint him of new visiter of Cathnesse, least the power of
visitatioun continued in his persoun, sould putt him in possessioun
of that bishoprick, wherof he had alreadie receaved the title. Yitt,
by authoi'itie and cunning convoy, his commissioun was renewed,
and, for the fashioun's sake, an order sett doun for visitatioun.
The commissioun and order heere follow :—
Sessioun 3.
" The which day the brethrein conveenned in the Assemblie
having rypelie weyghed how necessar it is that a generall visita-
tioun be for inquiring in the life, doctrine, and qualificatioun and
conversatioun of everie one of the ministrie in particular; the
which, albeit it was committed to the charge of the visiters
appointed by the last Assembhe, neverthelesse they, at the least
the most part of them, have done small or no diligence in the
executioun of that profitable worke committed to their charge,
excused partlie by infirmitie and sicknesse, and partlie by the
necessar effaires wherin they were imployed, as they alledge :
Therefore the Assemblie, not willing that suche a necessar and
profitable worke sould want the owne good executioun and suc-
cesse, have nominated, and by these presents nominat the brethrein
following, their verie lawfull commissioners for visitatioun of the
1602. OF THE KIRK OF SCOTLAND. 109
bounds underwrlttin, everie one of them for their owne parts, as
they are particularlie designed ; viz., for Orkney, Mr Robert Pont ;
for Cathnesse and Sutherland, Mr George Gladestains, Mr Alex-
ander Rawson ; for Rosse, Mr David Lindsey ; for Murrey, Mrs
Peter Blekburne, Abraham Sibbald ; for Aberdeen, Mrs William
Scot, Alexander Lindsey; for Angus and Mernes, Mrs Robert
Wilkie, James Melvill ; for Perth and Stirline, Mrs James Mar-
tine, Johne Caldcleuche ; for Fife, Mrs James Nicolsone and
Robert Howie ; for Lothian, Mrs Patrik Schairpe, Johne Cowper ;
for Merce and Tiviotdaill, Mrs Johne Carmichaell and James
Law ; for Cliddisdaill, Mrs Johne Spotswod, William Arthur ; for
Air and L'wing, Mrs Andrew Boyd, Johne Hay ; for Nithisdaill
and Annerdaill, Mrs Johne Knox, Patrik Schaw, Johne Smith ;
for Galloway, Mrs Johne Welshe, Hugh Foullerton ; for Argile,
Mrs Andrew Knox, Andrew Lamb : Giving, granting, and com-
mitting unto them conjunctlie, and incace of sicknesse of anie of
them, with power to the other, &c., to try the brethrein of the
ministrie within the bounds particularlie above committed to their
charges respective, in their life, doctrine, qualificatioun, and con-
versation, and how they behave themselves tuiching the rents of
their benefices ; whether they have sett tacks of the same but
consent of the Generall Assemblie or not, and so incurred the
censure of dilapidatioun : With power, also, to try the presbytereis
Avithin the said bounds, if they have keeped their ordinarie con-
ventiouns, and particular visitatiouns of their owne kirks, and used
and exerced all suche things as apperteanes to the presbyterie :
With power, also, to them to try everie particular congregatioun
within the bounds committed to their visitatioun ; and generallie,
to try everie one of the ministrie, presbyterie, and congregatioun,
conforme to the particular order of visitatioun sett doun in this
Assemblie. And incace anie fault or enormitie be found by them
in anie of the said visitatiouns committed to them, with power to
censure the same, according to the act of the Generall Assemblie.
And as they proceed in their said visitatioun, that they report
170 caldeewood's historie 1602.
their whole processe and diligence to the nixt General! Assemblie,
Promitten. de rato,^ &c.
Session?! 4.
The said day, it being considered by the Assemblie, that for
enlaike of a constant and uniforme order of visitatioun of synods,
presbytereis, and particular kirks, the labours and travells taikin
hitherto have beene almost unprofitable and unefFectuall : There-
fore, that a solide order may be observed in visitatiouns, in all
tyme coraming, throughout the Avhole kirks within this realme,
the Assemblie ordeans the brethrein following, viz., Mrs Robert
Pont, Patrik Galloway, James Carmichaell, William Scot, Alex-
ander Lindsey, to advise anent the subject of visitatiouns, and the
forme and order of processes that sail be used in the same in all
tyme comming, and to produce the same in writt to the Assemblie
the mome.
Sessioun 5.
The brethrein appointed for penning the forme and subject of
visitatioun of kirks gave in their advice as followes : —
" The visiters sail appoint two or three dayes for the try ell of
everie presby terie within the bounds of their visitatioun ; and by
the space of a moneth or 20 dayes at least before their edicts, they
sail make the presbyterie acquainted therewith, and send them the
edict following, to be published at everie parish kirk, by some
other brother than the minister of the place, that it may be duelie
executed, reported, and indorsed to the visiters, at the first dyet of
their meeting : —
EDICT.
« « « « «
* • » « «
" Lett the edicts be so directed, that an equall number fall to
be tryed in everie one of the dayes appointed for the tryell of ilk
1G02. OF THE KIRK OF SCOTLAND. 171
presbyterie, and the commissioners of the congregatiouns to be
charged at their owne dyets accordinglie.
" Trie the estat, first of everie minister particularlie ; therafter,
the estat of the congregatioun and countrie ; and last, the estat of
the presbyterie in generall."
THE PARTICUL^VR TRYELL OF PASTORS.
" Try all pastors, severallie, in his graces and abilitle to dis-
charge his calling ; in his furniture of bookes and necessar helpes
that may enable him in his calling ; with what fidelitie and pru-
dence he dischargeth himself in doctrine and discipline, in his life,
and the estat of his living.
" For this effect, inquire, first, of the commissioners of his con-
gregatioun, what testimonie he has of his owne sessioun, and rema-
nent of his flocke ; and in speciall, if he be resident in his parish
upon his manse and gleeb ; if his owne life and the governement of
his familie, be suclie as breedeth no offence, but edifieth his
flocke ; if he teache everie Sabboth once or twise, and if he teach-
eth anie other dayes in the weeke ; if he ministereth the com-
munioun yeerelie, with due examinatioun preceeding ; if he has an
established sessioun of elders and deacouns ; if he keepes a weekelie
conventioun with his sessioun, for the exercise of discipline ; if he
catechizeth weekelie a part of his parish ; if he keepes an ordinar
visltatioun of some famileis of his congregatioun weekelie ; if he
visiteth the sicke and distressed, when occasioun requires ; if he be
carefull to take away all eylists and variances that fall out in the
congregatioun.
" Therafter, if need be, lett him be tryed by the opening up of
some place of Scripture, and by questiouns.
" Lett it be enquired of him, what helps he hath for the advance-
ment of his studeis, and if he has the text of Scripture in the origi-
nall languages, incace he be scene in the tongues ; if he has Tre-
niellius' translatioun of the Old Testament, and Bezae's of the New,
with the vulgar Ecglish translatioun ; if he has the Commoun
172 calderwood's histokie 1602.
Places ; if he has the Ecclesiastlcall Historle ; what commentareis
he has upon the Scripture, and, speciallie, upon his ordinar text ; if
he has the Acts of the Counsell of Trent, and what other writters of
the controverseis of rehgioun ; if he useth the conference of bre-
threin for his resolutioun in the doubts that he finds in his reading,
and of whom ; if he has an ordinarie course of reading the Scrip-
tures, ecclesiasticall historels and controverseis ; if he makes a
memoriall of his travells in writt ; what is his ordinar text ; if he
be provided in title of the personage or vicarage ; and if he have
sett anie tacks therof, to whom, and on what conditioun ; in whose
hands are the rest of the rents of his kirk, and what is the best over-
ture that he can give for provisioun of a stipend therat, incace it
be not alreadie sufficientlie provided, and sight the Sessioun Booke.
" The brother being removed, lett the presbyterie be enquired
one by one, and declare upon their conscience, what they know
anent his graces, fidehtie in doctrine and discipline, and anent his
life and conversatioun. After which tryell, let him be judged, and
ather allowed, or admonished, or otherwise censured, as the caus
requires."
THE TRYELL OF THE CONGREGATIONS.
" Try everie minister particularlie, if there be anie Jesuits,
Papists, Seminarie Preests, traffiquers against the estat of religioun
and quietnesse of the countrie, within their congregatioun, or
receptors of them ; if there be anie witches, excommunicats, con-
traveeners of the discipUne of the kirk ; if there be anie supersti-
tious dayes keeped, by setting out of bonefires or otherwise ; if
there be anie superstitious places of pilgrimages, wells, and chap-
pells ; if there be anie non-communicants ; if there be homicids or
deidlie feeds ; if there be anie adulterers or incestuous persons; if
the Sabboth be profanned by keeping of mercats and labouring,
speciallie in the tyme of harvest. And as they find in the pre-
misses, to take order for reformatioun of the points foresaid, or
anie part therof."
1G02. OF THE KIRK OF SCOTLAND. 173
TRYELL OF THE PRESBYTERIE.
" Lett the Moderator be required If they keepe their ordinarie
conventiouns ; if they have their monethhe discourse upon the cora-
nioun heeds and disputatiouns ; if they visite the whole kirks with-
in their bounds, since the last generall visitatioun ; if they take
"Nveekelie and monethlie accompt of their brethrein's diligence in dis-
charge of their duetie, by catechizing and visiting of their famileis.
And siclyke, if there be anie of their number that be insolent,
and will not acquiesce in the determinations of his brethrein ; if
there be anie divisioun or e^'elast amongst the brethrein ; what
unplanted kirks are in their bounds.
" AVhich forme the Assemblie thinkes good, and ratifieth and
approveth the same, and ordeans it to be universallie observed in
all tyme comraing, in all visitatiouns within this realuie ; and
ordeans the power of the visiters to be directed conforme to the
Acts of the Generall Assemblie."
THE GREEVES OF THE STNOD OF FIFE.
The Provinciall Synod of Fife conveening at Kinghorne, the last
Tuisday of September, agreed upon some articles to be presented
to this Assemblie, to be advised upon. They were oftin rejected,
but at last, through importunitie, were read. The Assemblie
nominated Mrs James Melvill, Robert Durie, Johne Carmichaell,
"William Scot, Johne Cowdan, Johne Fairfull, James Nicolsone,
Andrew Lamb, Robert Howie, Patrik Schairp, George Gladestains,
Johne Spotswod, to advise upon answeres to the said articles and
petitiouns. The tenor of the articles and answeres followeth : —
THE ARTICLES OF THE STNOD OF FIFE.
" 1. It would be raeaned by the Generall AssembHe, that they
are not orderlie keeped, notwithstanding the acts of parliament and
174 calderwood's historie 1602.
Generall Assemblle, and necessltie of the tyme ; but the dyets ther-
of altered, without the knowledge of the presbyterels and synods.
" 2. That ministers are called before his Hieness' Secreit Coun-
sell in prima instantia, for doctrine and discipline, which is a great
encouragement to the enemeis.
" 3. That all applicatiouns in exercise of presbytereis are found
fault with, under the pretence of the act of the Generall Assemblie;
the which act, therefore, would be sighted, and clearelie interpreted.
" 4. That the governement of the cheefe maters of the kirk
continues in the hands of a few, under the name of a commissioun,
to the prejudice of the libertie of the synods and presbytereis.
" 5. That the doctors bearing ordinar calling in the kirk, by the
discipline and custome therof, are debarred from the Assembleis.
" 6. That the Assemblie has taikin no try ell hitherto, anent the
cautiouns sett doun for avoiding of corruptioun in the commissioners,
voters in parliament.
*' 7. Tliat the absence of the pastors of Edinburgh, and altera-
tioun of the ministrie therof, which was the cheefe watche-towre
of our kirks, hurteth greatlie the caus of religioun, and encourageth
the enemeis.
" 8. That there is distractioun in opiniouns, diiferent from that
consent of hearts which has beene in the kirk before, in weightie
causes ; and over-little deliberatioun and reasoning had, whereby
conclusiouns passe, almost the halfe of the brethrein gainsaying.
" 9. That the land is defiled, and the kirk endammaged, by the
Frenche ambassader's masse.
" 10. Excommunicated persons for Papistrie, suffered to haunt
the countrie publictlie and peaceablie.
"11. That the noblemen latelie relaxed from excommunicatioun
for Papistrie, give no tokin of the professioun of the truthe, but
rather the contrare.
" 12. That apprehended Papists' directlouns and letters are
keeped closse, and the danger imminent thereby to the kirk not
communicated to the watchemen, whereby they may make faith-
full wairning, and prevent the perrell.
1602. OF THE KIRK OF SCOTLAND. 175
" 13. That the discipline of the kirk against murther, incest, and
adulterie, is not practised with that hoHe severitie as becomes,
notwithstanding of the frequent remissiouns obteaned by criminall
persons for eschewing of the civill punishment.
" 14. That the remedeis sett doun against apprehended danger,
at diverse tymes, and at diverse meetings of the kirk, are not fol-
lowed furth."
ANSWERES TO THE PETITIONS OF THE SYNOD OF FIFE.
" 1. Finds, that the Generall Assemblie sould be appointed and
keeped, according to the act of parliament holdin at Edinburgh,
the fyft of June 1592 yeeres, wherof the tenor followeth, so farre
as concerns that point : — ' And siclyke, ratifies and approves the
Generall Assembleis appointed by the said kirk, and declairs, that
it sail be lawfull to the kirk and ministers, everie yeere, once at
the least, and ofter pro re nata, as occasioun and necessitie sail
require, to hold and keepe Generall Assembleis : Providing that
the king's Majestic, or his commissioners with them, to be appointed
by his Hienesse, being present at ilk Generall Assemblie, before the
dissolving therof, nominat and appoint a tyme and place, when and
where the nixt Generall Assemblie sail be. And, incace nather
his Majestic nor his said commissioners sail be present, for the tyme,
in that toun where the Generall Assemblie sail be holdin, then, and
in that cace, it sail be leasome to the said Generall Assemblie, by
themselves, to nominat and appoint tyme and place where the nixt
Generall Assemblie of the kirk sail be keeped and holdin, as they
have beene in use these tymes bypast.'
"2. If his Majestic sail proceed against ministers, according to
his Majestie's owne declaratioun, made and enacted in the Generall
Assemblie holdin at Dundie, 1597, Sessione decima, the desire of
the secund article is satisfied, and no other thing meanned thereby.
" 3. Thinkes it expedient, that the act anent applicatioun in
exercise be interpreted, not to be extended to forbid the using of
the Word of God, in applicatioun to the generall end therof, which
176 calderwood's histoeie 1602.
is lawfull to exercise after this maner. This heed of doctrine serv-
eth for refutatioun of suche an errour, for rebooke of suche a vice,
for conforting of a person or people in suche a cace. And as for
particular or personal] applicatioun, leaves it to be advised, whether
it sail be in tyme comming or not, and how farre ; and thinkes
good that this be reasouned in the presbytereis, and then commis-
sioun sent, with thir reasouns to the nixt Assemblie theranent :
and, in the meane [time,] no novatioun to be used anent personal!
applicatioun.
" 4. Lett all comraissiouns be givin and used from this furth
according to the acts of the Generall Assemblie.
'' 5. Finds, that doctors have had, and may have vote, in the
Generall Assemblie, they having a lawfull commissioun for that
effect, according as it has beene found and declared by the Generall
Assemblie holdin at Edinburgh, 10th May 1586, and at * * * *
1581, where it is found and declared by the acts of the Generall
Assemblie, that doctors sould concurre with the elders, as brethrein,
in all Assembleis.
" 6. Lett the caveats be looked to, and preciselie keeped in tyme
comming, under the paines conteaned in the acts made theranent.
" 7. Answered in the Assemblie.
" 8. Nothing to be done and concluded in Assembleis, except it
be sufficientlie reasouned and deliberated.
" 9. Acquiesces in the declaratioun of the brethrein that have
spokin to his Majestic theranent, and desire Mr Walter Balcalquall
to shew the same to the Assemblie, and how the Presbyterie of
Edinburgh is satisfied in this point.
" 10. Lett their names be givin up, that his Majestie may take
order with them according to the lawes ; and in sj)eciall, with Cap-
tan Halkerstoun, Patrik Butter, Mr Alexander Leslie, Duncan Law,
Thomas Browne, William Leslie of Concraig, and Patrik Mortimer.
"11. Ended in the Assemblie.
"12. To acquiesce in his Majestie's declaratioun heeranent, and
to requeist his Majestie, that the presbytereis be acquainted heer-
after, in suche cace where it sail be needfull.
1602. OF THE KIKK or SCOTLAND. 177
" 13. Where there is negligence in this point, lett it be amended
heerafter, according to the acts of the Assemblie.
" 14. Lett farther diligence be used where negligence has beene."
Which answeres the Assemblie allowes of, and ordeans the same
to be insert in the Bookes of the Assemblie.
The generall commissioun was allowed as followeth : —
" The which day, the Generall Assemblie having advisedlie
considered the necessitie of appointing commissioners from this
present Assemblie, not onlie to await upon suche cfFaires as sail be
for the weale and utilitie of the kirk of God, but also to give advice
to his Majestic, anent the holding furth of the enemeis of the same,
when they sail be required by his Majestic thereto : Therefore,
the brethrein conveenned in this present Assemblie have givin and
granted, lyke as they, by the tenour heerof, give and grant their
full power and commissioun to their brethrein underwrittin, viz.,
Mrs Robert Pont, David Lindsay, George Gladestains, David
Hume, Johne Clapperton, Johne Knox, Johne Spotswod, Alex-
ander Lindsay, Robert Howie, Johne Hall, Johne Caldcleugh,
Johne Strachan, Andrew Knox, Gavin Hammiltoun, James Law,
Andrew Boyd, Alexander Dowglas, Alexander Forbesse, Andrew
Leitch, Robert Wilkie, Patrik Schairp, Peter Blekburne, and
Patrik Simsone, with the king's Majestie's Commissioners, or anie
nyne of them ; giving, granting, and committing unto them their
full power to plant suche kirks in burrow touns, as are or sail be
destituted of pastors.
" Attour, if it sail happin the king's Majestic to be greeved at
anie of the ministers, for whatsomever enormitie committed by anie
of them against his Hienesse, with power to them, or anie nyne of
them, as said is, to try and cognosce therupon, and take suche
order theranent, as they sail thinke most meete to the glorie of
God, and weale of the kirk. And, finallie, with power to them to
present the greeves and petitiouns of this present Assemblie to his
Majestic and Secreit Counsell, and generall conventioun of estats
and parliament, if anie sail happin to be, and to crave redresse of
the same. Promitten. de rato^
VOL. VI. M
178 calderwood's historie 1602.
The brethrein appointed to sitt upon the constant platt, with his
Majestie's Commissioners, being demanded Avhat effect their tra-
vells had taikin, produced the conclusiouns of the commissioners of
the said platt, resolving in three heeds, out of which one sould be
chosin, as the most readie way for effectuating the said W' orke ;
wherof the tenour foUoweth : —
OVERTURES OF THE COMMISSIONERS OF THE PLATT, TO BE
ADVISED W ITH HIS MAJESTIE.
" If everle minister's stipend being assigned out of the fruicts of
the kirk where he serves, by the benevolence of the tacksmen,
that they sail grant to the augmentatioun of the said stipend.
'' If there sail be a perpetuall securitie made to the said tacksmen
of their tithes, upon a speciall gressome to be condescended upon
for ilk chalder, for the space of nynteene yeeres, and to be renewed
yeerelie therafter, for the said space, for the like gressome, upon
this conditioun, that the said principall tacksmen sail grant and
renew the like securitie to their sub-tacksmen, for payment of their
part of the said gressome pro rata, where anie sub-tacks are.
" Or if the great benefices sail be provided to ministers upon this
conditioun, that all the kirks of the prelaceis be planted with suffi-
cient ministers, and be provided with competent livings, as the
modifiers of the constant platt sail thinke expedient, and he to pay
to the king's Majestic, yeerelie, the tenth part of the fruicts of the
said benefices which sail rest, by and attour the sustentatioun of
the saids ministers ; and that all the inferiour benefices sail be
provided to ministers serving the cure of the said kirks, als weill
personages as vicarages.
" Or if all the great benefices sail be dissolved, and the prelate
to have the principall kirk of the prelacie, with the temporall lands
therof, and the rest of the kirks to be provided with qualified minis-
ters : and the said prelats and titulars of the said kirks, to pay a
yeerelie duetie to his Majestic, as the benefice may beare, at the
sight of the commissioners foresaids."
1602. OF THE KIRK OF SCOTLAND. 179
Which overtures being read in siglit of the Assemblie, it was
ordeaned, that everie synod sould have a copie of them, to be
advised therewith, untill the morne, that they might give their
advice to his Majestic, which of the three were most meete to be
embraced.
The purpose of the king and commissioners was espyed, and
plainlie withstood. A better than anie of the tliree sett doun
formallie in writt was produced, to witt, a formed platt for plant-
ing all the kirks of the realme, by dissolving of the prelaceis, and
planting of fiftie presbytereis in their place, the commissioners
wherof sould have vote in parliament. This was the platforme
sett doun by commissioun from his Majestic and the estats of
parliament, the yeere 1597. But that overture gott no place, for
the purpose was weill prepared before hand. And so, by the votes
of the evill advised multitude, the conclusioun past as followeth : —
" Anent the overture givin in by the commissioners of the Con-
stant Platt, with which the brethrein were ordeanned to be advised ;
after mature deliberatioun and voting, the Assemblie thinkes the
secund overture most expedient to be accepted, bearing the provi-
sioun of ministers to all prelaceis, with the conditiouns therin con-
teanned, as is above expressed."
Item, The Assemblie thought expedient to adjoyne and nominat
others out of the number of brethrein, to be adjoynned to these
which were nominated by the commissioners of provinces conveened
at Halyrudhous, the 15th day of October, 1600 yeeres. Out of which
number, his Majestic sould make choice of suche as he sould present
to the benefices vacant. The names of them all are as followes :
— Mrs Eobert Pont, Robert Howie, James Nicolsone, Alexander
Scrimgeour, Johne Forbesse, Gavin Hammiltoun, George Monro,
James Robertsone, Johne Howiesone, James Melviil, Andrew
Knox, Patrik Galloway, Alexander Dowglas, Alexander Lindsey,
Robert Wilkie, Johne Spots wod, William Malcolme, Alexander
Forbesse, Johne Knox, Andrew Lamb, Johne Clappertoun, George
Grahame, Robert Bruce, Johne Carmichaell, Patrik Lindsey.
We find heere some nominated onlie for the fashioun; for some
180 caldeewood's niSTORiE 1602.
of them were absent, others plainelle refused. And yltt the good
are sett doun among the bad, to grace them.
THE KING PROMISETH TO STAY PENSIONS OUT OF THE THRIDS.
Sessioun 6. After incalling upon the name of God, the said day-
it was thought good by the brethrein to be meanned, that notwith-
standing his Majestie's good minde and intentioun, to have all the
kirks within this realme sufficiently planted with ministers, with
competent livings appointed for them ; and albeit it was provided
by the act of Februar, and approved in Parliament, that all the
thrids of the benefices sould be applied to the use of the ministrie,
ay and whill kirks were planted, and that pensiouns givin in preju-
dice therof sould be null ; yitt, by importune sute, a great part of
the said thrids are dispouned in pensiouns, to the great hinderance
not onlie of the present provisiouns of ministers, but als of the con-
stant platt which his Majestic intends : Desiring, therefore, that
his Majestic were informed therof, and take suche order, that the
said dispositioun made in contrare the said act of Februar, sould
be retreatted : and that command be givin to the modifiers of
the platt of this instant yeere, to assigne out of the saids pen-
sioun, for planting of kirks, notwithstanding the saids dispositioun s.
The which his Majestic most willinglie granted, and promised to
stay all farther gifts in anie tyme comming.
TO STAY WARRANTS TO NOBLEMEN's SONNES TO PASSE TO
SUSPECTED PLACES.
Becaus it was meanned by the brethrein, that the supplicatioun
made in the last Assemblie to his Majestic, anent the restraining
of the libertie of noble and gentle men's sonnes that passe furth of
the countrie, to suche places where there is restraint of the true
religioun ; therefore, his Majestic declared in presence of the
Assemblie, that he would give a command to the Secretar, that he
Bould subscribe no warrant for passing of noble or gentlemen's
1602. OF THE KIRK OF SCOTLAND. 181
sonnes furth of the countrle. except they first found cautioun, con-
forme to the tenoiir of the act made in the last Assemblie, anent
the passing of gentlemen's sonnes furth of the countrle.
MK R. BRUCE INJOYNNED TO PREACHE THAT WHICH HE HAD
SUBSCRIBED.
Mr Robert Bruce drew neere to Edinburgh, in tyme of the
Assembhe. George Heriot and Johne Robertsone, commissioners
for the toun of Edinburgh, made mentioun of his repositioun,
wherunto the Assembhe applauded. But the king and the mode-
rator alledged they had sindrie things to propone before that were
granted. The king desired to have the interlocutor of the Assem-
blie, whether Mr Robert sould be injoynned to utter in pulpit that
which he had offered in his bill, before his banishment, and the
resolutioun which he had subscribed at Perth, after his returne, or
not ? Mr Johne Hall being first asked, answered, there could be
nothing done in that mater whill the parteis were first heard. So,
it was thought meete that Mr Robert sould be sent for. But the
mater Avas delayed till the end of the Assemblie ; and howbeit he
was nather called nor heard, they vote, that he sail publishe in
pulpit his bill and resolutioun. The proceedings, as-they are extant
in the Register, heere follow : —
Sessioun 6.
" Tuiching the requeist made by the moderator, in name of the
whole Assemblie, to his Majestic, in favours of Mr Robert Bruce,
his Majestic declaired, that he would doe in that mater by advice
of the commissioners of the Generall Assemblie, and as Mr Robert
by his owne behaviour sould give him occasioun. And becaus Mr
Robert Bruce had, by his missives directed before to his Majestic,
before his departure off the countrie ; as also, by the ratificatioun and
farther explanatioun therof in writt, at St Johnstoun, the 25th day
of Junie 1602, declared his resolutioun of his Majestie's innocencie,
and "uiltinesse of the Erie of Gowrie and his brother, and promised
182 calderwood's historie 1602.
to divert the people, so farre as in him lay, from their lewde
opinlouns and uncharitable constructlouns anent his Majestie's
actions, namelie in this turne ; therefore his Majestic desired the
determinatioun of the Assemblie, whether if the said Mr Robert
likcAvise sould make the same declaratioun in pulpit, according as
it is at lenth sett doun in the said missive, and explanatioun therof,
at Perth, wherof the tenour followeth : —
" Please your Majestic, — Hearing that your Majestic was nothing
relented of the former wrathe against me, and being now upon the
point to shew my obedience to your Majestie's last charge, I could
not omitt this, as my last duetie, to intreate your Hienesse' cle-
mencie, and to mitigat the extremitie of this intended wrathe. I
am not ignorant of that speeche, that ' The wrath of the prince is
the messinger of death ;' so that I crave, that the Lord, for his
Christ's sake, may adde his blessing, and work eflfectuallie in your
Grace, as he sail see expedient for his owne glorie, and your
Majestie's perpetuall preservatioun.
" Then to be short, to shew my conformitie with the rest of my
brethrein of the ministrie, as at all tymes ; so now especiallle, to
show my reverence to your Majestie, and to cleere my suspected
affectioun heerln, I oifer to give to the Father of our Lord Jesus
Christ, in him and through him, most heartie thankes for all your
Majestie's delivereis, from your craddell to this present houre ; but
namelie, for that deliverie which he granted unto your Majestie in
St Johnstoun, on Tuisday the 5th day of August, farre above all
our deserts, and your Majestie's expectatioun. I offer also, to
stirre up the people to that same duetie ; and attour, to divert the
people, so farre as lyes in me, from their lewde opinioun and un-
charitable constructlouns, namlle, in this turne. Finallie, there is
no duetie that your Majestie can crave of me, witliout the mani-
fest offence of God, and hurt of my owne conscience, but I would
doe it with als good a heart as ever I did anie thing in this earth,
that if, by anie meanes, I might testifie my good affectioun towards
your Majestie, my Soverane, and to enjoy my naturall air, and
suche other conforts as the Lord has givin me under your Majestie's
1G02. OF THE KIRK OF SCOTLAND. 183
rnigne ; which I most humblle crave of your Majestic, beseeking
the Lord to move your heart heerinto, for his Christ's sake. So,
■waiting for your answere, in all humilitie I take my leave."
(Sic subscrihitiir) " Me R. Bruce."
And upon the backe therof, " At Perth, the 25th day of Junie,
1G02."
" Farther, concerning the heeds within conteaned, I am resolved
of his Majestie's innocencie, and the guiltinesse of the Erie of
Gowrie and his brother, according as it is declared by the act of
Parliament ; and therefore acknowledge the great mercie of God
toward his Majestic, whole kirk and countrie, in his Majestie's de-
liverance, for the which I thanke God from my heart."
{Sic suhscrihitur) "Mr K, Bruce."
The which, the whole Assemblie, after voting, thought not onlie
reasonable, but also concluded, that the said Mr Eobert ought to
doe the same.
The Assemblie ordeaned, that in all tyme comming, the licence
to be granted to anie beneficed person to sett tacks be restrained,
ather to a liferent tack, or a nynteen yeere tack allanerlie.
Item, The Assemblie ordeanned, that no manages be celebrated
earelie in the morning, or with candle light ; and finds, likewise,
that it is lawfull to celebrat the band of matrimonie upon a Sab-
both day, or anie other preaching day, as the parteis sail require, and
thinke expedient; and ordeans the same to be done indiflferentlie ;
and that no ryotousnesse be used at the same upon the Sabboth
day. The king was earnest to have this libertie granted to celebrat
mariage upon the Lord's day ; and siclyke, the act following : —
Item, It is statuted, that the sacrament of Baptisme be not
refused to anie infants, if the parent crave the same, he givino- a
confessioun of his faith, upon anie other particular pretence ; spe-
ciallie, that Baptisme be not delayed to certane particular dayes.
Tuiching the act made before, against suche as absteane from
184 calderwood's historie 1602.
the communloun, ather for Poprle, or under colour of deidlle feeds,
the Assembhe ordeanned, that everie one of the ministrie keepe
this order following within his parish: To witt, that he warne
suche persons by the space of * * moneths before the com-
munioun, to prepare themselves for the same : which being done,
and they disobeying, that everie minister incontinent therafter send
the names of the disobeyers, subscribed with his hand, to one of
the king's Majestie's ministers, who sail intimat the same to his
Majestic, and to his Hienesse' treasurer, to the effect, that his
Hienesse' treasurer may putt the acts against non-communicants in
executioun against them ; and that everie presbyterie command the
ministers within their presbyterie to be diligent in executioun of
this act.
The Assemblie considering, that the conventiouns of people,
speciallie on the Sabboth day, are verie rare in manic places, by
reasoun of distractioun, through labour not onlie in harvest and
seed tyme, but als everie Sabboth, by fishing both of white fish and
salmond fish, and going of mylnes, the Assemblie dischargeth and
inhibiteth all suche labour of fishing, als weill white fish and
salmond fish, and going of mylnes of all sorts upon the Sabboth
day, under the paine of incurring the censures of the kirk : and
ordeans the commissioners of this Assemblie to meane the same to
his Majestic, and to desire that a pecuniall paine might be injoynned
upon the contraveeners. Motioun was made, when his Majestic
was present, for keeping of the Sabboth day ; and mentioun was
made in speciall of the Salt-panns. Mr Johne Knox and Mr
David Blacke tooke occasioun to propone, that Mr Johne David-
sone sould be sent for, to give his advice, what order sould be
taikin with the salters. " No," sayes the king, " he sail not come
here. If I knew there were six of his judgement in the Assemblie,
I sould not byde in it, more than in Sodom or Gomorrha. If he
teache not upon the fyft of August, he sail not teache in Scotland.
If he were not an old man, he sould be hanged."
Item, Becaus his Majestic declared that he was informed, that
sindrie of the ministrie neglected that part of their duetie toward
1602. OF THE KIRK OF SCOTLAND. 185
his Majestle, in not giving tliankes to God for the wonderfull
deliverie of his Majestie from the treasonable attempt of Johne,
sometyme Erie of Gowrie, and his brother, upon everie fyft day of
August : Therefore, the Assemblie statuts and ordeans, that in all
burrow touns within this realme, there be ordinar teaching and
preaching everie Tuisday, in remembrance of his Majestie's de-
liverie that day of the weeke ; and that everie fyft day of August,
there be preaching within everie kirk within this realme to burgh
and to land, thanking God of his Majestie's deliverie that day of
the moneth. And becaus the people in landwart parishes can
not be so easilie conveened as in the burrow touns, therefore, and
for their better conveening, it is ordeaned, that everie minister
at the landwart kirk sail, upon the Sunday preceeding the fyft day
of August, make intimatioun to the parochiners, that they conveene
the said day in the kirk with him, to thanke God for his Majestie's
deliverance. And to the effect that all ryotousnesse, drunkennesse,
and other filthie exercises may be restrained, his Majestie promised
to caus all insolencie in behaviour to be discharged and forbidden
yeerelie, by opin proclamatioun ; and magistrats to take order with
the contraveeners heerof.
MR J. MELVILL's articles.
Before the dissolving of the Assemblie, in the penult sessioun
therof, Mr James Melvill penned the two heeds following, and
presented them to the Assemblie : —
" First, That seing the ambassadors of Christ ought at all tymes
convenient to discharge his message to his subjects, and howbeit
the king be head of the commoun weale, yitt he is but a subject to
Christ, and a member of his kirk, it would please the king to heare
Christ's ambassadors discharge their message, upon the grounds of
Scripture following : Psalme ii. ' Kisse the Sonne, least he be
angrie.' Matt. xxli. ' Give to Cajsar which is Cesar's, and unto God
that which is God's.' The summe of which message, that it may
be the better accepted, take it from the penne of that notable father
186 calderwood's historie 1602.
and doctor of the kirk, Ambrose, Vfnttm ad Auxentium. ' Solvimus
qufe sunt Cjesaris, Cresari ; et qute sunt Dei, Deo. Tributum Ctesaris
est. Non negatur. Ecclesia Dei est. Ctesari utique addici non
debet, quia jus Caesaris esse non potest, Dei templum. Quod cum
honorificentia imperatoris, nemo dictum potest negare. Quid enim
honorificentius, quam ut Imperator ecclesiaj filius dicatur ? Quod
cum dicitur sine peccato, dicitur cum gratia ; dicitur Imperator enim
bonus intra ecclesiam, non supra ecclesiara est. Bonus enim Im-
perator quterit auxilium ecclesins, non refutat. Hasc ut liumiliter
dicimus, ita constanter exponimus.' Of this Ambrose, Bishop of
INIillan, Valentinian the Emperour wrote to the people of Millan
these words : ' Talera in pontificali constituite sede, cui et nos qui
gubernamus imperium, sincere nostra capita submittamus, et ejus
monita, dum tanquam homines dehquerimus necessario, velut
curantis medicamenta suscipiamus.'
" Nixt, that incace anie thing be past and concluded in this
present Assemblie, prejudicial! or hurtfull to the discipline esta-
blished by the Word of God within the Kirk of Scotland, it may-
be remedied and amended at a better advised Assemblie, according
to an article agreed upon at Perth, Marche 1597."
But these two heeds were cast by, and no audience was givin to
words, or acceptatioun of writt. The king and his man, Mr Patrik
Galloway, moderator of the Assemblie, ruled as they pleased. If
anie zealous pastor would speeke his minde, Mr Patrik would
command him silence, or the king would boast and threatin him.
The men that would not be boasted nor threatned, Mr Robert
Bruce, Mr AndrcAV Melvill, Mr Johne Davidsone, were withholdin
from comming to this Assemblie, and confynned or outfynned.
HOW TO PREVENT THE APPARENT DANGERS.
Sessio ultima. — Tuiching the propositioun made in the Assem-
blie, upon the privat motiouns of sindrie particular brethrein from
diverse parts to the moderator, desiring that a certane number of
brethrein of best judgement and experience sould be putt apart, to
1602. OF THE KIRK OF SCOTLAND. 187
consider of the cheefest clangers appearing to the estat of religioun
and quietnesse of the countrie, and of the principall causes therof,
and how the same miglit be most eftectuallie prevented ; with
l)()wer to them to conclude and communicat their best advices to
his Majestic theranent, and to the presbytereis so farre as it sail be
found expedient : The Assemblie finds the same most requisite ;
and for the effect above writtin, nominateth, &c., with power, as
said is. The which brethrein having at lenth communicated their
informatiounj together with their ovvne knowledge anent the pre-
misses, find, that one of the cheefest causes of danger proceeds from
the miscontentment of some malicious and restlesse Papists, that
rage, and leave nothing unassayed to trouble ; for being out of all
esperance to have his Majestie's indifferent affectioun or oversight
toward them and their religioun during his raigne ; and of others,
that by the executioun of justice find themselves or their freinds,
and their hous, to have susteanned anie losse, and to be impaired
of their greatnesse and dependance, and redacted to live under the
obedience of lawes, otherwise nor they were wount ; and from the
malicious bussinesse of certane craftie and seditious persons, that
ather for the present necessitie of their owne estat, or for the hope
of advancement and gaine to be had in the change of the present
governement, ceasse not by all meanes to inflamme the hearts of
suche as they perceave to be miscontented in anie estat, and
making evcrie man to see his owne desire in the trouble of the
countrie ; dealing in the meane tyme likewise, with suche as are
of the most sincere affectioun to religioun and justice, that things
are not done of that integritie that is professed ; preassing heereby
to make the godlie and good subjects the more cold adversareis to
suche as would intend a trouble : for remeed wherof, it is thought
good, and concluded, that his Majestic sail be informed heeranent,
that by his owne care and foresight suche ungodlie platts and
counsells may be frustrated. And siclyke, that everie minister
within this realme sail deale generallie with their congregatiouns
and auditors at all occasiouns, in their publict doctrine in pulpit ;
and with all noblemen, barons, gentlemen, and others, that are of
188 calderwood's historie 1602.
anie speclall credit or power, particularlie in their privie confer-
ences, perswading them of the king's honest minde toward the
establishing of the true religioun presentlie professed within the
game, and the executioun of justice; and of his steadfast resohitioim
to hazard his estat, Hfe, and crowne, in the caus of the Gospell,
W'ith the standing and faUing wherof, he acknowledges his standing
and falling to be inseparablie joynned. And that they marke
carefullie the actiouns of all men, speciallie of suche as ather for
religioun, or executioun of justice, or for the necessitie of their owne
estat, mislyke the present governement, and are inclynned unto
novatiouns ; and whom they see in anie extraordinarie kinde of
bussinesse, by their custome ; and that they make his Majestie's
ministers acquainted therewith ; not ceasing, in the meane tyme,
to bring them to a quiett minde. And for this effect, that in all
their ordinarie meetings in sessiouns, presbytereis, and provinciall
assembleis, there be a particular and privat inquisitioun in all these
points as need beis, that his Majestie's ministers be advertised
with all expeditioun. And likewise, it is thought expedient, and
concluded, that his Majestie's ministers, and suche others of the
ministrie as sail have occasioun to be in anie charge about his
Majestic, informe the presbytereis of the estat of things, as they
proceed, so fan-e as it is needfuU for the weale of the caus : And
that this advice be extracted, and sent with diligence to everie
presbyterie, in authentick forme, &c.
The nixt Assemblie is appointed to be holdin at Aberdeen, the
last Tuisday of Julie, the yeere of God 1604 yeeres.
MR R. BRUCE URGED TO CONEORME TO THE ACT.
The Assemblie being ended, the king sent for Mr Robert Bruce.
Mr Robert cometh directlie to the Scheans, where he findeth the
ministers of Edinburgh and others conveenned. After incalling
upon the name of God, Mr James Melvill deduced to him the
proceedings of the Assemblie, and how the act past against him, not-
withstanding that manie oppouned. " Yitt seing it is past," sayeth
1602. OF THE KIRK OF SCOTLAND. 189
he to Mr Robert, "yee have a farther warrant than yee had before."
INIr Kobert granted, but said he, " I crave no farther of the king
and the Assemblie, but that that mater might be left to m}- libertie;
and I sould doe therein as God sould direct me by his Spirit."
They thought it verie reasonable, and said it could not be refused.
So they went into the toun.
The day following, Mr Johne Hall invited him to dinner, and
promised to dresse that mater to his contentment. There he mett
with Mr Walter, Mr James Balfour, and other brethrein. The
whole number said he stood upon triffles. Mr Johne Hall was so
farre from performing his promise, that he found him large worse
nor the king himself. So he parted from them with great miscon-
tentment, and was commanded to keepe his loodging till the king
sent for him.
The king sent for him, and urged him to preache as of before.
"Give me leave. Sir," said he: " suppone I were resolute, and readie
to preache as your Majestic biddeth me, lett me know one thing:
I pray you. Sir, how long sail I stay there, after I have preached ?''
" Marie, even as I find 3'ou," said the king, "to favour or disfavour
me in your preachings." " That is weill hard, Sir," said Mr Robert ;
" for there may be manie wrong constructiouns made to you.
Alwise, if it will please your Majestic to lett me have my libertie,
I will doe as God sail direct; if otherwise, I turne me heere to the
commissioners : lett me see," sayeth he, " your act : I sail give
you an answere the morne."
The king consented to this. So, upon the morne, he was readie
to give his answere, after he had gottin the act. The Laird of
Beltreis shewed to him that the king was gone to the hunting.
So Mr Robert retired out of the toun to Restalrig, becaus the
toun refused to take to his use the loodging wherein he was wount
to loodge. The day following, he sent to the king, and desired
accesse. Beltreis reported, that the king would not be at leisure,
and that he would appoint him a text, and injoyne him suche
things as he would have recommended to the people. Mr Robert
desired him to purchasse him licence to returne home, because it
190 calderwood's historie 1602.
was now Saturday, and it behoved him to teache upon the Sab-
both. Beltreis, after conference with the king, certified Mr Robert
by letter, if ever he resolved to reside in Edinburgh, he must lay
his compt to satisfie there, at his first entrie. " So, Sir, (writteth
he,) I thinke his Majestic dealeth with you most gratiously ; and
I pray you. Sir, for God's cans take away all eyelasts ather givin
or taikin on your part, concerning his Majestic. And becaus I see
I must retire home for a short while my self, yee sail doe Aveill, in
my judgement, to retire home also, upon the excuse I have made
to his Majestic alreadie, till I returne; at which time I will beginne
of new to intreate his Majestic in your favours, as I have ever found
him favourable. In the meane tyme, I would wish you to exercise
your self in preaching, and so to behave yourself towards your
neighbours, that thereby they may make good reports to be caried
to his Majestie's eares tuiching you, which will make a smooth
Avay to you for your entrie to Edinburgh, and opin a doorc to your
libertie, which ye pleade so muche for." Mr Robert retireth from
Rcstalrig to Smetoun, and upon the Tuisday following, the Laird
of Beltreis sent him this letter following : —
beltreis' letter to MR R. BRUCE.
" Sir, — I enquired of his Majestic yesternight if he had anie new
intentioun anent you. He answered, none ; but that yee sould
enter, and doe your duetie, as was told you of before. His Ma-
jestic alledges, yee never baid long at one resolutioun ; for after my
excusing you of your not abilitie for preaching this last Sabboth, as
yee willed me to doe, yitt yee sent Mr Henrie Bly th to the modera-
tor, to inquire if yee sould teache. This I was ignorant of, but yitt I
answered, that it was upon a feare which possessed you of a new
offence in not teaching ; and so, that was done, for the full assur-
ance of his Majestie's minde in it. To the purpose : Sir, yee sail
enter, if yee please, on Sunday nLxt ; and advertise his Majestic two
or three dayes before, inquiring if he please to speeke with you.
At your entrie, yee must doe (as his Majestic speekes is) the duetie
1602. OF THE KIRK OF SCOTLAND. 191
of a good subject and of a good pastor ; not to say simplie, yee are
resolved, which yee have done ah-eadie ; but yee must endeavoure
to remove all scruple from the auditor, als weill in clearing his
Majestie's iunocencie, as of their guiltinesse. These are his Majes-
tie's owne words. And my poore advice is, to satisfie his Majes-
tic, seing (with manie) I thinke it may and would be done, being
a thing able to doe good to the king and whole commoun weale,
to knitt the hearts of his people to him by removing scruples, if
anie be, or by confirming them in the conceaved truthe, which, by
your silence in this mater, will be called again in questioun by them.
The Lord give you that resolutioun Avhich may best serve for his
cjlorie.
" Halyrudhous, this Tuisday, the last of November, 1602.
" Keepe this ticket for both our warrants."
Mr Robert, finding by this and other advertisements, that the
satisfactioun of the act would not satisfie the king, and without
his full satisfactioun there was no remaining for him, he thought it
better to superseed his entrie, till he might gett a farther libertie,
than to preache with the offence of his owne minde, and of goodv
Christians ; for the declaratioun which was craved of him would
have beene compted by all men a flatt recantatioun of his former
judgement, a pleasing of flesh and blood, which would turne to the
disgrace of his ministrie. Upon the Sabboth that he sould have
taught, there were foure commissioners in the kirk that day, Mr
Robert Pont, Mr David Lindsey, Mr George Gladestains, Mr
Alexander Forbesse, to marke what they might carpe. The act
gave him libertie of tyme and place, but the commissioners tyed
him to the first preaching day in Edinburgh. Suppose the mater
was prescribed in the act, yitt the king would not stand to it, but
conceaved words of his owne, and injoynned to him. And yitt,
the commissioners, to make him odious to the people and to the
ministrie, as one who had deserted his flocke, reported, that he had
gottin fuU libertie to enter if he pleased ; and farther, that he had
givin no answere to the king ; when as he was rcadie everie day to
192 calderwood's historie 1G02.
have givin liis answere, but could not find accesse, the khigalledg-
ing he was not at leasure. His meditatioun and prayer in the
meane tyme was, that if it be the Lord's good pleasure to exercise
him with a new tentatioun, to pull the people and the ministrie both
from him, that it would please the Lord instead of the king, preest,
and people's favour, to triple his Spirit upon him, and lett him see
in his heart His face brighter and brighter ; a threefold measure of
His favour, to supplee his outward wants. Yitt was he not desti-
tuted alluterlie of witnesses ; for Wisdome will ever be justified of
her owne childrein. So Mr Kobert, having tryed and found what
the king and commissioners meantj choose to returne to his owne
hous, which he did upon the first of December, and wrote this
answere following to the Laird of Beltreis' last letter : —
MR Robert's answere to beltreis' last letter.
" Sir, — I was upon my journey homeward when I receaved
your last letter ; and hearing that yee were gone in the countrie, 1
delayed my answere till your returning. Therefore now, sir, for
answere, first, I say, that if Mr Henrie Blyth had anie suche commis-
sioun of me, or if the honest men will say so, in my name, I will be
content to take that imputatioun upon me. But otherwise, as
it is true, indeid, I receave wrong. I am no wise ambitious of it ;
for I have beene twise thrust into it, and als oft out of it. And I
have no will, that his Majestic be compelled to use his royall oflfice
upon the remanent of my fraile life : for these foure or five yeeres
bygane, I have been continuallie under a lingering and declynning
death, which, I am assured, hath beene more troublesome and
tedious to me, both in bodie and minde, than that houre of death
sail be, when ever it sail please the Lord to call me thereto. I
have not forgott these voices that oftin tymes I woundered to
heare, that his Majestic dreadeth us bodilie harme. These things
make me to looke or I leape, and to advise weill er I enter. And
yitt 1 speeke not this, as if I were minded to shake off anie duetie
that I ought to my flocke. But if it would please his Majestic to
1602. OF THE KIRK OF SCOTLAND. 193
suffer us to stand in that libertie wherln the Lord has placed us,
and to speeke in the chaire of truthe, as the Word and Spirit of
truthe sould direct us, I would promise by God's grace, when ever
the Word sould give us occasioun, as oft tymes it will, that then,
from the authoritie of the Word, I sail suppresse all sinister con-
structiouns of his Majestie's actiouns, and by the authoritie therof
beate doun all seditious and insolent humours of subjects, that
would preasse to usurpe upon their superiors ; and so, from the
Word, as moved thereby, to speeke upon these maters ; which must
have a farre greater grace, nor to speeke by way of injunctiouns,
or to speeke as it were a cunned lessoun, or an A, B, C, putt in a
man's hand. The one duetie smelleth of divine theologie, the
other of court theologie, and does no good to the cans, but hurts
greatlie. And as God liketh of a cheerefuU giver, so, when the
people seeth these high things to come freelie of my self, without
constraint, nor yitt putt into my head, they will reverence them
the more, and have the greater weight with them. So, to be short,
coosin, if this sort of service may be acceptable to the prince, I am
at command ; if otherwise, I will hold me, with the benefite that I
have gottln, within the compasse of obedience, and, by God's grace,
sail be unreprovable of anie. Having no further for the present, I
rest."
MR R. BRUCE REFUSETH TO ENTER WITH INJUNCTIONS.
Mr Johne Hall, Joseph Marjoribanks, bailliffe, Johne Johnstoun
of Elphinstoun, Ninian Mackmorrane, merchant, went to the Kerse,
to Mr Robert Bruce, upon the penult of December, with a com-
missioun, to aske wherefore he entered not into his calling, seing
there was libertie granted to him by the king and the kirk, as they
alledged. He answered, libertie was not granted to him to enter
to his calling, but to preache injunctiouns, which the kirk was
never accustomed with, and which he could not obey without
offence of the Sonne of God. Mr Johne Hall denyed that there
were anie injunctiouns layed upon him. Mr Kobert proved there
VOL. VI. N
194 calderavood's historie 1603.
was, thus : First, becaus the place was injoynned ; nlxt, the day
and tyme ; Thridlie, the persons were appointed to carpe and
report ; Lastlie, the verie words and mater was prescribed, as the
letter directed from the Laird of Beltreis, who receaved the words
immediatlie from his Majestie's owne mouth, may testifie. " Bel-
treis darre not stand by that letter," said Mr Johne ; " and if so
were, that is no injunctioun." " All these are beside the act," said
Mr Robert : " the act giveth me libertie in all the circumstances.
Therefore, it is not obedience to the act which yee crave, but onlie
my disgrace, which is the readie way to make my ministrie unpro-
fitable." Mr Johne answered, An injunctioun was a sinne ; this
which was craved, a thing lawfull, and therefore might be preached
in the pulpit. Mr Robert denyed it to folloAv, becaus there was
another word, which was left in register by the prophets and
apostles, to be preached. He shewed them how farre he would
speeke in that mater, if he spake anie thing of it in the chaire of
truthe : for he had advised with the learnedest of the ministrie in
England, who Avere urged, in the like maner, to publishe in pulpit
the treasoun alledged upon Essex. Some of them refused ; and
when he asked the reasoun at some of them, namelie, at Mr Wot-
toun, preacher in the Towre Hill at Londoun, he answered, he
refused not simplie, but onlie as from himself : for he nather saw,
heard, nor knew anie thing of himself; the knowledge he had
was from their Lordships, and from the benche, and that farre
he was content to declare out of the pulpit. They departed, as
appeared, weill satisfied. Mr John informed the king of everie
word that past, wherewith he was not weill pleased.
M. DC. III.
A COMBAT APPOINTED BETWEEN F. MOWBRAY AND THE ITALIAN.
It was ordeanned, that Francis Mowbray, and the Italian who
accused him of treasoun, sould fight hand to hand, in the great
closse of the Abbey of Ilalyrudhous. The fyft of Januar was
1603. OF THE KIRK OF SCOTLAND. 195
appointed for the combat. The barrasse being made, and prepara-
tioun, advertisement was sent two or three dayes before out of
England to stay the combat, becaus there were certane Scotisli
men who would verifie the treasoun. So, upon hope of farther
tryell, it was delayed.
MR D. black's death.
Mr David Blacke, some tyme minister at St Andrewes, but now
minister at Abirlett, beside Arbrothe, going to Perth for his need-
full efFaires, loodged by the way in Dundie ; and upon Tuisday,
the 12th of Januar, whill he was putting his hand to the bread,
immediatlie after the blessing, he sattled doun, and randered his
spirit, with lifted up hands to the heavens. Thus died that zealous,
faithfuU, and painfull pastor, of an apoplexie, to the great dolour
of the godlie. He ministred the communion upon the Lord's day
immediatlie preceeding, and never so confortablie, howbeit at all
tymes he wount to be confortable. Mr James Melvill deplored the
losse which our church had by his death, in certane sonets.
MR R. BRUCE YITT STRAITED WITH THE ACT.
The Laird of Beltreis, directed from the king to Mr Eobert
Bruce, about the midds of Januar, craved his letter from him,
which he sent last, for it had made sturre eneugh. Mr Robert gave
him his letter, and his answere to it, which he purposed to have
sent to him, but had not yitt sent it. " I need no answere," sayes
Beltreis. " It will shew my minde, notwithstanding," said Mr
Robert, " and yee may communicat it to Avhom yee please." Bel-
treis receaved it, never opened it, but delivered it closed to the
king, and played the courtier in that point, and in his speeches also,
as Mr Robert learned after, howbeit he was his neere kinsman.
At the first meeting of the commissioners, the king urged them to
depose Mr Robert, in respect that he obeyed not the act of the
Assemblie. They answered, they had no power to depose him.
196 calderwood's historie 1G03.
The king demanded nixt, if they had power to remove him from
Edinburgh, and to declare the place vacant ? They answered, they
had power ; and devised summouns, to summoun him to compeere.
Before the summouns were executed, Cornelius Inglis and George
Heriot, men weill approved by Mr Robert, were directed to him
from the Counsell of Edinburgh, to shew him that there was
nothing but extremitie intended, and that summouns were directed
alreadie against him. Mr Robert asked, what warrant sail he have
to enter to his calling, incace he goe with them, and satisfie the
act? They answered, his Majestic would grant no warrant nor
conference, nor delay of ane houre. " How, then ^ would yee
have me to goe with you ?" said Mr Robert. " It is fitt yee goe,"
say they, " howsoever it be, that yee may show yourself readie,
and putt the blame off your self." Mr Robert sought counsell of
God that night, and came with them the day following, that is,
the 19th of Januar, to Edinburgh, and loodged at the West Port, in
Johne Howeson's. The day following, he directed this letter fol-
lowing to the counsell, with the commissioners above named, which
was delivered the day following, which was the counsell day ; the
tenour wherof followeth : —
MR E. BRUCE's letter TO THE COUNSELL OF EDINBURGH.
'' Right worshipfull Fathers and Brethrein, — Notwithstanding
that the discharge of my calling in your citie have beene accom-
panied with verie manie great difficulteis in tyme past, and there
appeare no lesse, yea, rather greater, to ensue in tyme to come,
yitt certanlie, the constancie of your affectioun makes me to for-
gett things past, and committ the issue of things to come to the
living God ; and to offer my travells willinglie, if it could please
God, in anie sort, to move his Majestie's heart, to suffer us to stand
in that libertie wherin the Lord, the Sonne of God, has placed us,
and to speeke in the chaire of truthe, as the Word and Spirit of
truthe sould direct us, being left to our libertie. I might boldlie
promise, with God's grace, when ever the Word sould give us
1603. OF THE KIRK OF SCOTLAND. 197
occasioun, (as oft tymes it will,) that then, from the authorltie of
the Word, I sail represse all sinister constructiouns of his Majestie's
actiouns, and by the authoritie therof, beate doun all seditious and
insolent humours of subjects, that would preasse to usurpe upon
their superiours ; and so, from the Word, as moved thereby, to
speeke upon these maters ; which may have a farre greater grace,
nor to speeke by way of injunctioun, or to speeke as it were a cun-
ned lessoun, or an A, B, C, putt in one's hand. The one duetie
smelleth of divine theologie, the other of court theologie, and doeth
no good to the cans, but hurteth greatlie. And as God lyketh of
a cheerfull giver, so, when the people see these things to come free-
lie of my self, without constraint, or yitt putt into my head, they
will reverence them the more, and have the greater weight with
them. So, to be short, brethrein, if this sort of service could be
agreeable to his Majestic, I am at command ; if otherwise, as God
forbid, ye will hold me excused. For whereto sould we enter to
be a plague to the people, a shame to the kirk, and a curse unto
our owne soules ? The Lord of his mercie make us faithfull to the
end, and turne all our wanderings and suiFerings to his glorie, and
our perpetuall confort.
" Your brother in the Lord, and one of the pastors
of your citie,
" Mr K. Bruce."
mr r. bruce readie to enter to his place.
Immediatlie after this letter was read in the counsell. Sir Patrik
Murrey cometh, directed from the king to them, with Mr Robert's
last letter to Beltreis in his hand, which he desired to be read,
and then to give their judgment of it. After it was read, their
judgment being craved, ather to justifie or condemn it, they an-
swered, they could not be judges in that mater, for the letter Avas
not directed to them, nor yitt to his Majestic, but to a privat sub-
ject, with whom they had no medling.
The same day, after noone, Mr Eobert sent Cornelius Ingles and
198 calderwood's historie 1603.
George Heriot to the king, to signifie that he was come, and was
readie to re-enter in his calling. At the first, the king seemed to
be Weill content : but in the end, stirred up, as appeared, by Sir
Patrik Murrey, he fell out in very hard speeches against Mr
Robert, and more fearefull than ever he uttered in his tyme, in the
audience of the bailliffes and whole multitude that followed them ;
so that George Heriot and Cornelius Ingles repented that they
had brought him to the toun. In end, the king came to this point,
that Mr Robert sail advertise him two or three dayes before he
enter, to the end he might appoint some of the commissioners, or
suche others as he thought meete, to heare him. Upon Saturday,
in the morning, the 22d of Januar, Mr Robert being readie to
leape on horsebacke, to ryde to Smetoun, James Aikenheid, bailhflfe,
and Johne Robertsone, directed from the king, inhibited him to
goe to the pulpit, unlesse he advertised the king two dayes before.
They feared, as appeared, that he would enter that Sabboth. Mr
Robert promised to doe so, and withdrew himself out of the toun.
Upon Thursday the 27th of Januar, he sent a ticket to James
Aikenheid, baillifFe, willing him to signifie to his Majestic, that he
was readie to enter to his calling, God willing, the next Sabboth,
and sould doe all that lay in his power to pleasure his Majestic in
God. James Aikenheid finding Mr David Lindsey in the king's
utter hall, desired him to convoy the ticket to his Majestic, and to
returne him an answere. Mr David reading it, and finding these
words in the end, " in God," he said, " This will not doe the turne :
he must obey our injunctiouns." The baillifFe, notwithstanding, de-
sired him to seeke an answere. Mr David, after long conference
with the king, cometh forth, and denyeth to the baillifFe, that the
king had scene the letter, and commanded him to send for Mr
Johne Hall. After he had conferred long with the king, he report-
ed this answere to Mr Robert's wife, that the king would not looke
upon the ticket, but would have it . mended ; and instead of these
words, " in God," he would have these words to be put in, "accord-
ing to the act." At her desire, he writteth to Mr Robert himself.
1603. OF THE KIRK OF SCOTLAND. 109
MR J. hall's letter TO MR R. BRUCE.
" Sir, — James Aikenheid, bailliffe, gave intelligence to his Majestic,
that yee were purposed to preache this nixt Sabboth, God willing ;
and I being douu in the Abbey, his Majestic gave me this auswere,
and ordeanned mc to signifie the same unto you : that is, Because
your advertisement was generall, and thereby he could not under-
stand what yee was to doe in the mater wherein he has beene
offended ; also, he would assure you, that if yee entered into the
pulpit, and did not according to the act of the Assemblie, it would
be mater of great irritatioun. Therefore, by your ticket, yee would
certifie again, that yee are readie to preache, and to satisfie his
Majestic, according to the act of the Assemblie, or otherwise, it will
not be heard as a sufficient offer. Sir, if yee write heeranent to
me again, I sail be readie to deliver it, and show you the event.
" Your brother in Christ,
" Mr Johne Hall."
MR R. BRUCE's answers TO MR J. HALL.
After Mr Robert had receaved this letter, he wrote to Mr Johne
Hall, signifeing, that seing he could not enter in to his calling but
upon that conditioun, that notwithstanding, he had gone als farre
in his letter as anie servant of God could goe, and none could
promise more, except he who had his commissioun from himself :
" Yitt seing, brother," said he, "yee crave a special answere,yee must
pardoun me, before I answere to your speciall, to crave this speciall
of you : and in respect this also dependeth upon his Majestic's
gracious favour heere, I must crave the helpe of your intercessioun,
to take the paines to purchasse me a warrant under his Majestic's
hand, that it may be leasome to me to enter fullie and freelie to
my calling ; and that the act of counsell, that inhibits me, under
the paine of death, to teache in his dominiouns, may be deleted,
and lease the strenth of it against me, incace I so doe ; and I sail
give his Majestie a verie resolute answere." Mr Johne, after long
conference with the king, sent this letter following to Mr Robert :
200 calderwood's historie 1603.
MR J. HALL HIS OTHER LETTER TO MR R. BRUCE.
" Sir, — After the recept of your letter, I went to his Majestic,
and communicated to his Hienesse the desire of the said letter, and
used suche humble meanes as I could, ather to obteane the same
for you, or ellis to find out his utmost resolutioun ; who, in end, deli-
vered his determined will in this maner : Seing the ground of the
act of the Assemblie proceeded from his Majestie's owne good will
for furthering the kirk of Edinburgh, so be it he might be satisfied
to his honour ; and seing the Assemblie, as the act beareth, devised
and appointed the easiest way for you to content him, he declared
himself then willing, after the accomplishment of the said act by
you, to declare his will anent your re-entrie to your office in Edin-
burgh, with advice of the commissioners therof. Heerefore his
Majestic will no wise make anie compromitt in that mater, nor give
Avord nor warrant in Avritt for your repositioun, till he be first satis-
fied on your part. Secundlie, he will not have your first preaching
in Edinburgh to be compted your re-entrie to the ministrle there,
but onlie a sermoun of satisfactioun to his Majestic. And, last. If
yee minde so to doe, and advertise him that yee will preache the
first day, according to the tenour of the act foresaid to that effect,
yee sail receave a warrant ; and also. If yee doe your duetie, he
sail not be found to goe backe from nothing promised to the
Assemblie. Sir, this Is the effect that has followed of my travell,
or, so farre as I can see, will be obteanned at his Majestie's hand,
in this earand. God direct you by his Spirit, to doe as may best
serve his glorie, and the helpe of this kirk, that lyeth so long wait-
ing your labours."
(Subscribitur supra.)
THE COMMISSIONERS INTEND A NEW COURSE AGAINST
MR R. BRUCE.
By this answere, Mr Robert perceaved cleerelie, that he was not
1603. OF THE KIRK OF SCOTLAND. 201
sought to his calling, but to a preaching of satisfactioun, which
depended altogether upon his Majestie's interpretatioun ; and if
his Majestic continued in the minde which presentlie possessed
Iiim, he looked for no good constructioun, but that the satis-
factioun sould be infinite and endlesse. So, to keepe himself
out of a labyrinth, and to eshew farther irritatioun of the
king, he thought expedient to desist from farther persute ; for
he could see no calling for these sermouns of satisfactioun ;
and without a calling, he promised to himself no blessing. So
he retired from Smetoun to Cranstounda, where he stayed eight
dayes, with that religious and zealous professour, Sir Johne Cran-
stoun of that Ilk ; looking in the meane tyme, that the sumraouns
directed out against him to compeere, to see his place declared
vacant, and another to be planted in his rowme, sould be sent to
his dwelling-hous. But he findeth at last, that the commissioners
intended not to putt in executioun the summouns ; but had devised
a new course, to witt, without citatioun, to declare the place to
be vacant ; and that in respect, as they alledged, they had found
the fault of his lying out to be in him self, and not in the king.
Sir Patrik Murrey was to be sent to the counsell of Edinburgh, to
seeke a ratificatioun of the act. Some that favoured Mr Robert
advertised him secreitlie, and desired him to write to the toun
counsell, and to declare his readinesse both to re-enter to his call-
ing, and to doe all that lay in him to pleasure his Majestic, in God,
jSIr Robert went home, and soone after, that mater was aeitated
again before the toun counsell. Mr Robert understanding that
sindrie of the counsell knew not perfytelie what was his last offer,
or what were the proceedings betuixt the king and him, least they
sould misconstrue his actiouns, he opened up his minde fullie to
them, in the letter following : —
MR R. BRUCE'S letter TO THE COUNSELL OF EDINBURGH.
" Right worshipfull Fathers and Brethrein, — Least anie man
sould stand in doubt of my minde, and last oflfer to his Majestic, I
thought good, with all diligence to deliver the hearts of men of
202 calderwood's historie 1603.
that doubt ; assuring all honest men, that I came of minde, and
thought verilie to have entered into ray calling, seing my repositioun
therto was the ground of that act ; and in my calling to have done all
that lay in my possibilitie to have satisfied his Majestic, in God.
And to this effect, I craved that the act of counsell which stood
against me, which closeth up my mouth, might be deleted, and that
I also might have a warrant from his Majestic, to testifie his Ma-
jcstie's good will to my free and full repositioun. For the exemple
of Mr William Watsone learned me, to seeke these things in tyme :
and, seing these things were refused unto me, and a warrant to
make a sermoun of satisfactioun was onlie offered unto me ; to eshew
his Majestie's farther irritatioun, as also to eshew the bringing in
of that preparative tuiching sermouns of satisfactioun, I choosed
rather to retire with the peace I had alreadie gottin, nor to doe
anie thing wherof I was not weill resolved, as yitt, how it might
stand with the good pleasure of my God. For in the chaire of
truthe, I am resolved, by his grace, to follow the Word and Spirit
of truthe ; to doe there as that Spirit and AVord sould direct me.
If I sould promise anie other thing, I might weill procure the
wrath of God, and kindle a fire within my owne conscience : but
it lay not in my power to performe anie farther nor as the Lord
sould furnishe. So, I desired, as the free man of God, to goe free
to his chaire of truthe, hoping certainelie to have givin content-
ment to all honest-hearted men. So, in a word, brethrein, assure
your self, that I was minded to have entered into my calling, and
to have done in that mater tuiching that act, and in all other
maters, so farre as God, by his Spirit of mercie, would have assisted
me. And in this minde I remaine as yitt, and prayes you to doe
all that lyes in your possibilitie to pleasure his Majestic, in God :
To whose happie and blessed protectioun I committ you and all
your effairs."
(^Suhscrihitur ut supra ^
This letter was directed from Mr Robert, when he was in Glas-
gow, upon the 10th of Marche. But his freinds thought it not
expedient that it sould be presented, becaus the contents of it would
1603. OF THE KIRK OF SCOTLAND. 203
come to the king's eares, and disturbe the peace alreadie transacted
betuixt the king and the counsell. This was the advice of some
of the toun counsell ; for they being urged, as said is, to approve
the commissioners' decreit, and consequentlie to acknowledge the
rowme to be vacant, they resisted so long as they might. At
last, being threatned with letters of horning, they imployed Mr
Johne Hall his credit, and desired him to divert the king off the
foresaid course ; and to assure him, that if he could not be other-
wise satisfied but by their obedience, they would obey, but by a
protestatioun, that is, against their conscience and their minde.
Mr Johne diverted the king, indeid, oif that course. So the mater
lay over till the end of Marche ; at what tyme, it pleased the Lord
to call upon that worthie ladie, and princesse of singular governe-
ment, Elizabeth, Queen of England.
F. Mowbray's death.
In the meane tyme, upon the 29th of Januar, the king and
counsell were occupyed for the most part all that day, in the
examinatioun of Francis Mowbray and the Italian, and confronting
Francis with other two Scotish men sent out of England, but of
light accompt, becaus they had spent their moyen, and were forced
to leave the countrie ; to witt, Mr Walter Mowbray and Johne
Andersone. The day following, that is, the Lord's day, the penult
of Januar, Francis Mowbray assayed to come doun the wall of the
castell, upon peeces of the blankets of his bed sowed together, on
the night before. The blankets were too short, so he fell ; and in
falling, felde himself upon the craig, about eight houres at night.
He was apprehended immediatlie, but was speechelesse, and died
about three houres in the morning. Upon Moonday, the last of
Januar, his bodie was drawin backeward to the Tolbuith, where
the doome was pronounced, that he sould be drawin backeward
to the gibbet, and there hang for a certane space ; and then be
quartered, and the members of his bodie to be sett up in publict
parts of the toun. It is marked, that when he was examined, he
204 calderwood's historie 1603.
said before the king, " If ever I thought evill, or intended hurt
against my prince, God, that marketh the secreits of all hearts,
make me to fall at my enemeis feete, make me a spectacle to all
Edinburgh, and cast my soule in hell for ever ;" — and being required,
subscribed these words. He fell at his enemeis feete indeid, for
the Italian was above him, in a chamber. He was made a spec-
tacle to Edinburgh. As for the thrid, we remitt to God, who
saveth and condemneth whom he pleaseth. It is reported, that he
sought his supper sooner than at other tymes, as though he had
some letters to write. After supper, he rave the blankets in foure
peeces, and sowed them together, and that he was minded to doe
the like with the scheats. The keepers comming to the doore, and
finding it closed, cryed. He thrust himself for haste out at the
window, and cometh doun upon the blankets. The keepers gett-
ing entrance, and finding him away, cry, " Treasoun !" They goe
to the window, and shake the blankets. The blankets being short,
he falleth. Some horsemen were awaiting on, to carie him away.
But finding him unable, they spoyled him, and departed, and his
bodie was brought up to the castell. The Italian was sett at liber-
tie, and was to be rewairded.
GREAT SLAUGHTER IN LENNOX.
Upon the 8th of Februar, a great company of sorners and
brokin Hieland men, of the clan of Mackgregore, to the number of
foure hundred men, came doun to Lennox, to reave and spoyle.
The people of the count rie conveenned, to make impediment.
There were slaine of the countrie people, speciallie of the surname
of Cahowns, to the number of fourescore persons, or thereby, of
which number, twentie-foure or threttie were landed men of good
ranke. The Laird of Luce himself, cheefe of the Cahowns,
escaped narrowlie. It was reported, that this was done at the
instigatioun of the Duke of Lennox his ladie, seeking the wracke
of the Laird of Luce, who held of the king and not of the duke.
1G03. OF THE KIJIK OF SCOTLAND. 205
HUNTLIE, MURKEY, AND ARGILE RECONCILED.
Upon the 23d of Februar, after long travell taikin by the king,
the Erie of Huntley and the Erles of Murrey and Argile were
reconciled, after long feed for the slaughter of the Erie of Murrey.
THE COMMISSIONERS ORDEANE SIR JOHNE KER TO BE ABSOLVED.
Upon the 25th of Februar, the commissioners of the Generall
Assemblie, the king being present, ordeanned Sir Johne Ker, an
adulterer, his wife yitt living, to adhere to Dame Margaret Whyt-
law, an adulteresse, her husband, the Laird of Innerweeke, yitt
living ; approved their mariage, notwithstanding he had committed
adulterie with her before, and ordeanned them to be absolved from
the sentence of excommunicatioun, which was pronounced by the
ministers of the South. These were the good eifects of the com-
missioners' proceedings, who had no regarde to the credit of this
kirk, but to their owne rising and preferment. But the Lord ratified
in the heavens the sentence justlie pronounced against them by the
ministers of the South ; for their estat is wracked : she ended her
life with great paine, her excrements comming out at her mouth,
and was buried in the Abbey kirk, foureteen dayes since, that Is,
in Aprile 1627, and skarse fourtie persons accompanied the corps
to the grave. She cryed often, " I have beene the vilest harlott
that ever was !" But she made no mentloun of her wicked prac-
tises by witchecraft, and consulting with witches. Sir Johne him-
self may skarse be scene at this houre.
THE commissioners' DECLARATIOUN AGAINST MR R. BRUCE.
At the same verie dyett, howbelt Mr Eobert Bruce had offered
to satisfie the act of the Generall Assemblie, they declared, that
his not re-entrle to the ministrle of Edinburgh came through his
owne default. So weill did their proceedings agree with other.
206 CALDERWOOD's HISTORIE 1603.
and so lyke were they to themselves, that they were ever doing
evill, and did never a good turne, nor had ever anie good end before
their eyes. But as they have sold themselves to bereave tliis kirk
of her liberteis, so, as men bereft of all sense or conscience, they
regarded not what they did.
Upon Thursday, the 24th of Marche, the Queen of England
departed this life, betuixt two and three in the morning. Before
her departure, she declared, that it was her will that the King of
Scotland sould succeed to her in all her kingdoms. The counsell
and nobilitie Avho were present, concluded to proclame King James
the Sixt, King of Scotland, King of England, France, and Ireland ;
which was first done at the palace of Quhythall, and after at the
Croce of Londoun, about ten houres before noone, wth great
applause of the people. A copie of the proclamatioun was sent to
Ireland, to be published there. The counsellers and nobilitie who
were present satt in counsell till ten houres at night, at which
tyme, they directed Sir Charles Percie, the Erie of Northumber-
land's brother, and Thomas Somerset, the Erie of Worcester's sonne,
to our king, in all haste, with a letter, subscribed with threttie-three
or threttie-foure hands of counsellers and noble men. The copie of
the letter heere followeth : —
THE COUNSELL OF ENGLAND'S LETTER TO THE KING.
" Rio-ht Hiffh, Right Excellent, and Mio-htle Prince, and our
dread Soverane Lord, — As we cannot but confesse to your Majestic,
that the greefe which we have receaved by the deceasse of our late
soverane ladie, (whose soule, in your palace of Richmont, past from
her earthlie bodie to the joyes of heaven, betuixt two and three of
the clocke this morning,) was no lesse greefe than was our loyal-
tie and love to her, whill she lived ; being a princesse adorned with
vertues meete for governement, prosperous in the successe of her
effaires, and under whose obedience we have lived in greatest
tranquillitie somanieyeeres as seldome happenned princes to raigne ;
80 we must confesse, that our sorrow is extinguished by the impres-
1603. OF THE KIRK OF SCOTLAND. 207
sioun which we have, of these heroicall vertues of wisdom, pietie,
and magnanimitie, which we know to be in your Majestie's per-
soun, to whose right the lineall and lawfull successioun of all our
late soverane's dominiouns doeth justlie and onlie apperteane.
Wherin we darre presume to confesse this muche, als weill for the
honour which will remaine thereby to our posteritie, as for your
Majestie's securltie of a peaceable possessioun of your kingdoms,
that we have never found, ather in these of the nobilitie, or anie
others of the estate of this realme, anie divided humours, about the
receaving and acknowledging your Majestic, to be the onlie head
that must give life to the present maimed bodie of this great king-
dom ; which sail be happie, as with our universall consent, to have
receaved a sole, uniforrae, and constant impressioun of your right of
blood, as the nixt of kinred to our soverannesse deceased, and con-
sequentlie, by the lawes of this realme, true and right heyre to her
kingdoms and dominiouns ; wherof we have made outward deraon-
stratioun, by publict proclamatioun on this Wednisday, before
noone, first, in the citie of Westminster, at the gate of your palace
of Whythall, and nixt, at the Croce, in these parts within your
Majestie's citie of Londoun, with an infinite applausing of your
people, and with suche solemniteis as the shortnesse of tyme would
permitt, agreeable to the custome in like cace.
" Of all these our zealous and affectiouned proceedings, we have
thought it our dueteis immediatlie to advertise your Majestic, by
these two gentlemen. Sir Charles Percie, knight, brother to me,
the Erie of Northumberland, and Thomas Somerset, esquire, sonne
to me, the Erie of Worcester ; of whom we have made choice to
be the bearers of these our letters : Humblie beseeking your Hie-
nesse to accept the same, as the first fruicts and offers of our
tender and loyall affectiouns towards you, our gratious soverane ;
and to rest assured, that the same sail be ever heerafter remembred,
with all faith, obedience, and humble service, which sail be to our
power to performe, for interteaning that which we have begunne,
even with the sacrifice of our lives, lands, and goods ; which we
heere, with all humble mindes, doe prostrat at your Majestie's feete;
208 calderwood's historie 1603.
craving of your Hienesse, that seing yee may perceave heereby in
what estat we reraaine, which is, as it were, a bodie without a
head, or rather, without their spirit heere amongst us, which
from the head must gather vigour to each member, to exercise the
duetie to him belonging : Whereby, to keepe the whole from con-
fusioun, your Majestie will be pleased to enter in conslderatioun,
how soone, and in what maner it sail seeme best to your Majestie,
to inspyre a new life in this languishing bodie, the circumstances
wherof, all whollie to be left to your owne excellent wisdom ; hold-
ing it eneugh for us, heereby to acknowledge our selves your true
subjects, readie to obey all your commandements, with assuring
your Majestie, that as we have heereby, als manie of us as have
underwrittin this letter, declaired with recognitioun and humble
submissioun to your Majestie's soverane power and right ; so we
doe acknowledge, by all good proofFes, that the minde of the rest
of the nobllitie, and all others who are absent in their several quar-
ters, places, and charges, whom the tyme permitted not, without
prejudice to your Majestie's efFaires, to have assembled so soone as
we were desirous that this sould be first performed, are whollie
and resolutelie consenting with us, in all zeale, duetie, and obedi-
ence toward your Majestie, for all things that sail be imposed
upon them by your royaU will and pleasure.
"Farther, we have thought it necessar to advertise yourHienesse,
that Sir Robert Carie is departed this morning from hence, toward
your Majestie, not onlie without the consent of anie of us that were
present at Richmont, at the time of our soveran's deceasse, but
also, contrare to suche commandements as we have power to lay
upon him ; and to all decencie, and maners, and respects which he
ought to so manie persons of our degree ; whereby it may be, that
your Hienesse hearing by a bare report onlie of the death of the
late queen, and not of our care and diligence in establishing your
Majestie's right heere, in suche maner as is above specified, may
ather receave report, or receave doubts of other maters than, God
be thanked, there is cause ye sould : Which we would have cleere-
lie prevented, if he had borne so rauche respect to us, as to have
1603. OF THE KIKK OF SCOTLAND. 209
stayed for a commoun relatioun of our proceedings, and not thought
it better to anticipat the same. For we would have beene laith,
that anie person of quahtie sould have gone from hence, who sould
not, with report of her death, have beene able to relate these first
effects of our assured loyalteis.
" And, lastlie, it may please your Hienesse also to receave this
advertisement, that of late we made readie, by a command of the
queene, our Maistresse, a good fleete of eight or ten of her shippes,
Weill manned and furnished, under the charge of Sir Richard Law-
soun, knight, to have beene imployed upon the coast of Spaine.
Which imployment, by her death, ceasseth, for want of commis-
sioun to execute the same, and now are keeped together in the
narrow seas, to prevent anie suddane attempt from the Low Coun-
treis. And for that there is nothing nather of land nor sea that is
not yours, it may please your Hienesse to signifie your pleasure
concerning that fleete, and whether yee will have it, or anie part
therof, resorted to the coasts of Scotland, where it may serve you,
ather for the safe convoying of your persoun in this realme, if it sail
be cans to use it in that maner, or to transport anie of yours, whill
yee are by land, or anie other service. In which point we humblie
beseeke you to make knowne, under whose charges it sail be your
pleasure the whole fleete, or anie part of them, sail come to you.
*' And this being all that for the present doeth occurre unto us to
be advertised unto your Majestic by us, whose mindes are occu-
pyed about the conservatioun of this your realme in peace, als farre
furth as lyeth in our power, for your Majestie's service, saving
that we have sealed a like copie of this proclamatioun to your
Majestie's deputie of Ireland, to be published in that kingdome :
We will end with our humble prayers to Almightie God, that we
may be so happie, as people, to injoy the confort of the presence
of your royall persoun, which is the onlie object of that glorie and
these feliciteis which we have in this earth propouned to our selves.
" Writtin in your Majestie's citie of Londoun, the 24th of Marche,
1603, at ten houres of the clocke in the night.
" Your Majestie's humble, loyall, and faithfull subjects."
VOL. VI. o
210 calderwood's historie 1603.
Sir Robert Carle came before, without consent of the counsel!,
and Avas weill accepted by the king.
THE KING PROCLAIMED KING OF ENGLAND.
The king was proclamed King of England, Scotland, France,
and Ireland, at the Croce of Edinburgh, upon the last of Marche ;
which was done with noise of trumpets, playing upon instruments,
singing, and great acclamatioun of the people. Upon the Lord's
day before, fires of joy shynned from the Basse, and other eminent
parts.
The King of France his ambassador being heere for the tyme,
was greeved becaus he could not gett advertisement sent to the
King of France ; for the shipps both in England and Scotland were
stayed, and his letters intercepted.
The ministers in and about Edinburgh went doun to the king,
to congratulat his exaltatioun. At which tyme, some made men-
tioun to him of Mr Johne Davidsone. Becaus the king appeared
not to be adverse from his releefe, the Presbyterie of Edinburgh
sent to him this letter following : —
THE PRESBYTERIE OF EDINBURGH'S LETTER TO MR J. DAVIDSONE.
" Brother, — After our heartilie coram endatiouns : Sindrie of
our brethrein speaking his Majestic this day, reraembred you,
and sought for your releefe ; which his Majestic, upon your be-
haviour, appearandlie was not against. We will heerefore requeist
you to write to his Majestic a letter of congratvdatioun, for this
worke of God toward his Majestic ; as also of your alFectioun to-
ward his Majestic, as God sail direct you. Referring credite to
the bearer, we committ you to God. From Edinburgh, the penult
of Marche, 1603.
" Your brethrein and fellow-labourers in the ministrie,
the Presbyterie of Edinburgh, and in our names,
" Richard Thomsone."
1G03. OF THE KIRK OF SCOTLAND. 211
MR John's answere to the presbyterie of Edinburgh.
" My heartle thankes, (loving brethrein,) remembred, for your
Christian care toward me ; I am to pray you to advise me in
particular, what, and how yee would have me to write to his Ma-
jestic for his favour, and I sail obey your advice in writt, so farre
as I may, in conscience, according to God's reveeled will ; and sail
not onlie congratulat for this wonderfull worke of God toward his
Majestie, but also sail pray from my heart, and move ail whom I
may to pray, that God would preserve him in soule and bodie,
and send him good successe, in getting prerogative of the honour
of the union of these two kingdoms, never yitt united after suche
sort from the beginning. I pray you that are the Lord's watche-
men, to call to his Majestie's remembrance, the saying of the good
King Ezekias : ' For the Lord your God is gratious and mercifull,
and will not turne away his face from you, if yee convert unto
him, &c. And the good Lord be mercifull unto him that prepar-
eth his whole heart to seeke the Lord God,' 2 Chron. xxx. 9 ;
xviii. 19 ; — and that he ever take heed, ' that he helpe not the
wicked, nor love them that hate the Lord,' (2 Chron. xix. 2,)
* but putt his trust in the Lord his God ;' and as Jehosaphat say-
eth, ' he sail be assured ; beleeve his prophets, and he sail prosper,'
2 Chron. xx. 20. And last, that he remember, that ' God taketh
away kings, and settethup kings,' Dan. ii. 21.
" This is my faithfull, heartie, and loving advice toward his
Majestie ; use yee it, as yee see good. For, no doubt, this worke
is of suche weight, as he can not faile to have need of counsel! and
confort from God, and good men his old freinds, er he have done
with it. Would God my poore counsell could doe his Majestie
good. All is not gold that glisters, they say. Fareweill in Christ.
Thelast ofMarche, 1603.
" Your loving brother,
" Jo. Davidsone."
212 caldeewood's histopje 1G03.
MAISTEE JOHNE's LETTER TO THE KING'S MAJESTIE.
*' Grace and peace, with a long, gratious, and prosperous goveme-
ment.
" Your Majestie's servltour, Mr Alexander Dicksone, directed
from your Majestic, as lie said, was with me this day, and desired
suche things as I had writtin, tulching some Historic of Scotland,
to be brought to your jMajestie's sight and view. I shew him that
I never medled with writting of anic historic, saving that, about a
dossoun of yecres since, I beganne, after my meane mancr, to
assay what I could doe, tulching the beginning and antiquitie of
our Kirk of Scotland, and what martyrs I could find out In the
same; the titlewherofi thought sould be, Catalogus Martyrum
Scotia. In the meane tyme, as I was to deduce that mater from
soone after the dayes of the primitive kirk, cometh to my hands a
worke of Camdene, English man, who defaced my ground of the
antiquitie of Scotland, so before the hand, that I was drivin to
labour that point of our antiquitie against him and others, and
make It the first booke of my worke ; Avherin I found suche impe-
diment, through raritle of ancient monuments, to my finding out,
that I could not proceed no farther laudablie for the tyme in that
mater. And so, leaving the worke about ten yceres since. In scrolls,
unworthie to be seene of anie man, muche more of your Majestic,
I superseeded altogether to prosecute the mater farther, save onhe
that I was searching now and then of all men, whom I thought
furnished of the monuments of antiquitie, what could be had ;
till of late yceres, I was abridged of health and libertie. "Which
searching of antiquiteis, appearandlie, has made the rumour come
to your Majestie's eares, that I was about some Historic of Scot-
land. I assure your Majestic, In truthe there Is no suche thing,
save onlle so farrc as I have said, as I told your Majestie's foresaid
servltour. Yitt, as I said to him, if anie wise I may prosecute
that mater, by libertie and health of bodie, I sail lay hand on penne
again, and the rather, upon your ^Majestie's good lyking ; and dedl-
1603. OF THE KIRK OF SCOTLAND. 213
cat it unto your Majestle, that ather yee may suppresse, or lett it
goe out, at your owne pleasure ; otherwise it will needs be deserted
of the self. Alwise I thinke my self greatlle honoured of your Ma-
jestie, that has vouchesafed to have the sight of my unworthie and
simple Avritting, if anie suche purpose had beene.
" Now, seing it has pleased the Lord of his wonderfull provi-
dence, yea, I thinke I may say, above your owne and all men's
expectatioun, to exalt your Majestic to that high prerogative of
honour of the union of these two kingdoms, never yitt united in
suche sort since the beginning, it rests, that yee honour His great
Majestic, that so highlie has honoured you ; that he being God
alsufficient to you, yee may walke before him, and be upright, (Gen.
xvii. ;) and ever take heed that yee helpe not the wicked, and love
them that hate the Lord, (2 Chron. xix. 2 ;) but putt your trust in
the Lord your God, as good Jehosaphat saycth, and yee sail be
assured ; ' Beleeve his prophets, and yee sail prosper,' 2 Chron.
XX. 20. And seing it is God that taketh away kings and setteth
up kings, (Dan. ii. 21,) yee are to be familiar with His majestic,
by heartie and continuall prayer, proceeding from faith, that your
gracious and mercifull God Avill not turne away his face from you ;
for the good Lord will be mercifull to him that prepareth his whole
heart to seeke the Lord, 2 Chron. xxx. 9 ; xviii. 19. And as
your Majestic weygheth it weill, that the oflSce of a king is rather
071US nor honos, the one wherof kecpeth ever preparatioun wath the
other, cast whatsomever burthcin the Lord layeth upon you upon
him, and he sail susteane you, Psal. iv. 22. ' Committ thy way
to the Lord, and trust in him, and he sail bring it to passe,' say-
eth the Psalmist, Psal. xxxvii. 5.
'' And, as for me, if I might ryde ten thowsand speares in your
Majestie's honourable and righteous cans, yee sould be assured of
it. But what I want, I sail faithfullie supplec, God willing, so
farre as I may, by heartie prayer to God, for your happie direc-
tioun, and safe protectioun in this great workc ; that he will give
it an happie and prosperous successe, to his glorie, the weale of
the kirk, and your owne endlesse confort. If I might be so bold.
214 calderwood's historie 1603.
mj counsell is, yee take great care of the quiett and honest
behaviour of your Scotish companie ; for our rude maners are not
unknowne to your Majestie ; and being untaught, they may breed
trouble. If it may stand with your Majestie's pleasure, I would
understand by some of your Majestie's trustie servants, if at your
passing through our parish, I may have accesse to kisse your
Majestie's hands. Me thinke it were requisite, that order were
tane for a publict fast through this realme, for your Majestie's
prosperous journey and good successe, with suche possible diligence
as can be. And so, in all reverent and due humiliatioun, I take
my leave of your Majestie, From Saltpreston, the first of Aprile
1G03.
" Your Majestie's most humble oratour and subject,
testified in the sight of God and man, by his
continuall publict, domestick, and privat prayers,
" JOHNE DaVIDSONE,
" Christ's Minister at Saltprestoun."
MR Dickson's letter to mr johne davidsone.
Mr Dicksone delivered the letter to the king, and sent this letter
following backe, for an answere : —
" Sir, — I presented your letter and sute to his Majestie, who is
content to admitt you to his presence, and release you of your
restraint ; as also to receave you to his old good grace and favour
again, if yee sail acknowledge to have failed to his Majestie, and in
humble maner crave his Hienesse' pardoun : which in all love I
advise you to doe, and I trust yee sail. Thus I take my leave,
and committs you to God, who ever inspire you the best.
" Your brother in Christ,
" Alexander Dicksone.
" If yee take this course of acknowledgement, yee are to conde-
scend upon the particular offences of a protestatioun against an
Assemblie holdin at Edinburgh, and of a letter of yours to the kirk
1G03. OF THE KIRK OP SCOTLAND. 215
anent another ; wherof yee craving his Majestie's pardoun, acknow-
ledging the offence, and promising to use all good and duetifull
formes heerafter, he has willed me to tell you, that yee may come
to him. Which, in all love, yitt again, I advise you to doe. And
where I am not to be with his Majestic, as he rydeth to Berwick, so
that I can not await upon this service, yee will (I thinke) make your
addresse to Mr Patrik, who will be verie glade to see you givin to
the good recoverie of his Majestie's favour. The Lord be with you."
This postscript was writtin at the king's owne directioun. We
may see little or no relenting of his wrathe against honest men,
notwithstanding of his great and unexpected preferment.
THE king's harangue IN THE KIRK OF EDINBURGH, THE LORD'S
DAY, THE 3d of APRILE 1603.
"Becaus that your preacher has spokin some thing in your
hearing, and discourse to the people, that as yee have mater by
my presence to rejoice, so, yee have also mater by my absence
to be sorrowfull. But I say, it is a mater of rejoicing not
onlie to me, but to all them that love my standing. For this
caus, I thought good to speeke to all good people of all rankes,
that yee may know, that it was never my intentioun to usurpe
your crowne ; but being als lineallie descended heyre to the
crowne of England, as to the crowne of Scotland, as I was borne
righteous heyre of the one, so am I righteous and more righteous
of the other. And as my love could never be from that countrie,
so now at last, my expectatioun has not beene frustrated. And as
your preacher has said both wiselie and learnedlie, if now my love be
lesse to you, my people, what might yee thinke of me, but to be a
brocker of kingdoms ? Yee must putt a difference betweene a king
lawfullie called to a kingdom, and an usurper of a kingdome ; as
the King of France come sometyme from one kingdom to another ;
sometyme frome France to Pole, and from Pole to France, and
could not bruike both. As my right is united in my persoun, so
my merches are united by land, and not by sea, so that there is
216 calderwoob's historie 1603.
no difference betuixt them. There is no more difference betuixt
Londoun and Edinburgh, yea, not so muche, as betuixt Innernesse
or Aberdeen and Edinburgh ; for all our merches are dry, and
there be ferreis betuixt them. But my course must be betuixt
both, to establishe peace, and religioun, and wealth, betuixt both
the countreis. And as God has joynned the right of both the
kingdoms in my persoun, so yee may be joynned in wealth, in
religioun, in hearts, and affectiouns. And as the one countrie has
wealth, and the other has multitude of men, so we may part the
gifts, and everie one as they may doe to helpe other. And as
God has promoved me to a greater power nor I had, so I must
endeavoure my self to floorish and establishe religioun, and take
away the corruptiouns of both countreis. And on the other part,
yee mister not doubt, but as I have a bodie als able as anie king in
Europ, whereby I am able to travell, so I sail vissie you everie
three yeere at the least, or ofter, as I sail have occasioun ; for so
I have writtin in my booke directed to my sonne, and it were a
shame to me not to performe that thing which I have writtin ; that
I may with ray owne mouth take accompt of justice, and of them
that are under me, and that yee your selves may see and heare
me, and from the meanest to the greatest, may have accesse to
my persoun, and powre out your complaints in my bosome. This
sail ever be my course. Therefore, thinke not of me, as of a king
going from one part to another ; but as a king lawfuUie called, going
from one part of the yle to the other, that so your confort may be
the greater. And where I thought to have imployed you with
some armour, now, I imploy onlie your hearts, to the good pros-
pering of me in my successe and journey. I have no more to say,
but, pray for me."
MR ROBERT BRUCE'S LAST CONFERENCE WITH THE KING.
Men of all qualiteis resorted to Edinburgh, to congratulat the
kino- his preferment. Motioun was made by some brethrein of the
presbyterie of Edinburgh, that Mr Kobert Bruce sould be desired
1603. OF THE KIHK OF SCOTL.IND. 217
to come East, to congratulat with the rest ; for the king tooke it in
evill part, as was reported, that he sould be the last in giving sig-
nificatioun of his humble afFectioun. Upon Saturday, the secund
of Aprile, Mr Robert returned answere, that in respect of his
Majestie's last conference holdin with the commissioners, he durst
not take the boldnesse to draw neere to his Majestic ; alwise did
signifie the sinceritie of his inward aiFectiouns to the Ladie Marr,
and some other noble weomen, who could beare witnesse to his
integritie in that point. But seing he was informed that his
Majestic would accept the offer of his aflfectioun, he sould come
with diligence, to try what might be done.
So, upon Moonday, the 4th of Aprile, he came to Edinburgh,
and sounded some noblemen, his freinds, tuiching the king's dis-
positioun, whether he was willing to accept of him and his con-
gratulatioun. So farre as he could learne, he was not able to
redeeme his countenance and favour, but Avith confessioun of a
fault, and that upon his knees ; by which meanes he might eshew
publicatioun in pulpit, and recover his Majestie's favour also. Mr
Robert findeth himself brought in als great a strait, almost, as ever
he Avas ; and answered to the lords that interceeded for him, that
seing he could not purchasse his Majestie's presence but upon
these hard conditiouns, his earnest desire was, that they would
make his excuse in all humilitie to his Majestic ; and to show that,
notwithstanding he came to the toun to congratulat, the preasse
and throng of the people was so great, becaus his Majestic was
upon the point of his departure, that he could gett no accesse.
They take muche in hand ; but the king understanding that he
Avas come to the toun, sent one of his domestick servants, James
Murrey of Pawmais, the day following, Tuisday, the fyft of Aprile,
soone in the morning before his Majestie's departure, for him,
before he was rissin out of his bed. Mr Robert thought it hard,
and that the king catched that peece of disgrace to his ministrie.
Alwise, he went doun to the Abbey. The king was at his break-
fast. Mr Robert sought occasioun of speeche with him at that
tyme, thinking, that in the presence of so manie strangers and
218 calderavood's histohie 1603.
noblemen, the king would not urge him as he did before. The
noblemen courteouslie gave him place. But when he was upon
the point of bowing, and entering in conference, Sir Patrik Murrey,
who stood upon his Majestie's left hand, and rounded somwhat in
his eare, prevented him. He was referred to the king's bed-cham-
ber, to be heard after the preaching, which was verie cold. It
was made by Mr Andrew Lamb. Mr Robert all the tyme prayed
to God to direct him by his Spirit in the end, as he had done in
the rest of that actioun before. He resolved no wise to goe to his
knees against his conscience ; but rather now, in the entrie to this
great monarchic, to urge his Majestic with a thankefull heart to
God, for his wonderfull and unlooked for blessing. He had all the
words and mater conceaved, which he communicated to Mr James
Melvill, minister at Anstruther, who was weill pleased both with
the mater and maner, whereby Mr Robert was greatlie encouraged
to persist in his resolutioun.
In the meane tyme, the Lord Fleming cometh for Mr Robert,
and taketh him in to the king's bed-chamber, where he found my
Lord of Marr, my Lord of Blantyre, the Laird of Dunypace, Mr
Peter Hewat, Mr Thomas Abernethie. The Lord Fleming went
to the chamber of presence ; told the king, Mr Robert was in the
place appointed. The king, incontinent, withdraweth himself,
goeth in to his bed-chamber, his bootes on, readie to ryde. So
soone as he drew neere, he walked in circle about the hous, as his
custome was. Mr Robert casteth himself to meete him, with all
the reverence and humble inclinatioun of his bodie that he could,
without going to knee. The king heard him gratiouslie in out-
Avard appearance. The suramc and effect of JNIr Robert's words
was this : " Sir, I have marked foure things in this great worke
tuiching your Majestie's high advancement. First, that the God
of heaven and earth has placed you in all these earthlie thrones,
without the losse of the credit of your holie religioun, and hurt of
the inward peace of your owne conscience. Nixt, that He has
placed you, without shedding a drop of your Majestie's blood,
which is lesse nor conscience. Thridlie, without the hazard of
1G03. OP TUE KIRK OF SCOTL^VND. 219
your Majestic's subjects' purses, which is lesse nor blood. And
last of all, that he has so wonderfullie directed the tongue of that
"worthie ladie and noble queen, together with the affectiouns of the
Avhole counsell, so that, if they had come furth of your Majestic's
owue bowells, they could not have conspired more efFaldlie to your
]\rajestie's proraotioun. These things crave a twofold duetie of
your JNIajestie. First, that yee take heede to your owne heart,
that the glorie and glance of these earthlie things deceave you
not : that yee make them not your reward, nor place the confort
and consolatioun of your heart in them, but rather, as they are
givin, use them as steppes and degrees, to steppe up to the crowne
tliat can not fade or faile. Nixt, seing the God of heaven has
manifested his unspeekable care, in preserving so manie crowns
and kingdoms for you, Sir, your Majestic can not eshew the note
of ingratitude, if yee extend not your Majestic's credit, and imploy
your whole care for preservatioun of his one kingdom."
The king answered, " Mr Robert, by God's grace, I sail not
place my confort or consolatioun in them, or in anie earthlie thing.
As for the preservatioun of the kingdom of Christ, if I would pre-
serve my owne life, I must studie to preserve it, for we have com-
moun freinds and commoun enemeis. The Papists that shutt at
that kingdom, shutt at my life also, as I know certanelie. As
tulching this wonderfull mercie of God, Mr Robert, if yee be
rcmembred, I ofttymes foretold you, that God would bring this
worke about after this sort," — and named some places to him, but
Mr Robert could not remember. Mr Robert tooke his leave, and
had als good a countenance of the king as ever he had in his life,
in his owne judgement. The king did not urge him with anie
suche thing as the lords gave out, nor made mentioun of anie thing
tending to that purpose. Ather the mediators were unfaithfull, or
God putt it cleane out of his heart. When the king mounted on
horsebacke, Mr Robert Avent to him again, to take his leave, and
was als Weill receaved as anie subject of his calling in Scotland.
These that stood by heard the king say, " Noav, all particulars are
past betuixt you and me, Mr Robert." But Mr Robert himself
could not remember that he heard these words.
220 calderwood's historie 1603.
PAPISTS, FORMALISTS, AND SINCERE PROFESSORS, HAVE GOOD
HOPES.
In the meane tyme, there was great longing in England for his
comming. The formalists, the Papists, and the sincere professors,
had all their owne hopes. The Papists, the yeere before, had
obteanned of Pope Clement the Eight two Bulls, sent to Henrie
Garnett, Superiour of the Jesuits in England, the one to the
clergie, the other to the laitie. The effect was, that after the
death of Queene Elizabeth, whosoever sould acclame the crowne
of England, though never so directlie and neerelie interessed by
descent, sould not be admitted to the throne, unlesse he would first
tolerat the Roman religioun, and by all his best endeavours pro-
mote the Catholick cans, unto which, by a solemne and sacred
oath, he sould religiouslie subscribe, after her death. Yitt the
Papists expected great favour of the king, and were induced to
hope Weill, by some informatioun from the court of Rome, of
which we will have occasioun afterward to treate, in treating Bal-
merinoth's trouble. The formalists might gather mater of hope
out of Basilicon Doron, and his proceedings heere at home. Yitt
it is reported, that the bishops were in suche a feare of the ruine
of their estate, that they would have beene content of an hundreth
pound Sterline by yeere. But it is not likelie. The sincerer sort
of professors, [who] were the strongest partie in the countrie,
looked for reformatioun of all the abusses and corruptiouns of that
Church. The king interteanned intelligence with some of them,
as may appeare by this letter following, writtin to Mr Wilcocks,
who, with the assistance of an English knight, obteaned subscrip-
tiouns through five shyres for assistance to the king, before the
death of Queen Elizabeth : —
THE king's letter TO MR WILCOCK.
" Although I never doubted, and have beene sufficientlie in-
1G03. or THE KIRK OF SCOTLAND. 221
formed, of the good will borne toward me in all lawfull sort, (for
otherwise I did not, nor sail require them,) by all the honest subjects
in England, that sincerelie professe the onlie true religioun pro-
fessed, and by lawes established in both countreis, and the bond of
conscience being the onlie bond for tying of men's affectiouns to
them to whom they ow a naturall duetie ; yitt, having the samine
receaved and confirmed to me by your late advertisements, I have
thought good, by these presents, (all writtin with my owne hand,)
to sett you doun a meeting for them in this point ; that you sail in
my name assure all the honest men you can meete, that are affected
that Avay, and that on the princelie word of a Christian king, that
as I have ever, without swerving, professed and mainteanned the
same religioun within all the bounds of my kingdom ; so may they
assure themselves, that how soone ever it sail please God lawfuUie
to possesse me with the crowne of that kingdorae wherin they are
subjects, I sail not onlie mainteane and continue in the professioun
of the Gospell there, but with all, not suffer or permitt anie other
religioun to be professed and avowed within the bounds of that
kingdome. But becaus yee have beene, at your last being heere,
particularlie acquainted with my intentioun in this point, as also,
that your self is so weill approved and knowne unto them, there-
fore you sail by tongue more perfytlie informe them of my minde
therin ; resolving them of suche malicious and unjust imputatiouns
as have beene from tyme to tyme by my undeserved enemeis con-
tinued against me. And thus I bid you fareweill.
" Jacobus Rex."
THE king's answers TO THE COMMISSIONERS OF THE SYNOD
OF LOTHIANE.
Upon Tuisday, the fyft of Aprile, the king tooke journey toward
England, accompanied with sindrie lords and gentle men of both
the natiouns. The gunnes and cannons of the Castell were shott
at his departure out of the Palace of Halyrudhous. When he was
ryding through Prestoun, the Laird of Ormestoun intreatted him
222 calderwood's hirtorie 1G03.
for releefe to Mr Johne Davidsone out of his waird. The king
answered, his hands were bound, for he had made a promise to
the commissioners of the Generall Assemblie. The ministers of
the Synod of Lothiane being conveenned in Hadintoun, dissolved
in haste to meete the king. They mett him above Hadintoun, all
on their knees, and prayed for him. Mr Robert Wallace, Mr
James Carmichaell, Mr Archibald Oswald, Mr Henrie Blyth, Mr
Michael Cranstoun, Mr James Mureheid, were appointed to wait
upon him for answere to some articles, to witt, 1. The suppressing
of Papists in his absence, and preservatioun of discipline. 2. For
order tuiching their stipends. 3. For releefe of good brethrein of
the ministrie of England. 4. For libertie to the warded and dis-
tressed brethrein of the ministrie in Scotland. To the First, he
answered, that mater would require more tyme, and the discipline
sail not be altered. To the Secund, that the order taikiu was to
stand till afterward. To the Thrid, that he was not minded at the
first to urge anie alteratioun. As for Mr Cartwright, Mr Travers,
and some others, he understood they were at freedome. He would
show favour to honest men, but not to Anabaptists. To the
Fourth, that Mr Robert Bruce and he had parted good freinds.
As for Mr Andrew Melvlll, he had libertie of six myles about St
Andrewes. As for Mr Johne Davidsone, he looked he sould have
offered himself to him as he came through Prestoun, but he came
not. Yitt he answered otherwise to Ormestoun, and Mr Johne
was certified, by the postscript of Mr Dickson's letter, that the
king would not accept of him without confessioun of a fault. The
commissioners of the synod were silent, and answered nothing.
The king desired them to show to their brethrein that it was his
will they sould keepe unitie and peace, without altering anie thing
concluded in the Assembleis, when he was present in persoun, for
it was not his purpose to make anie farther innovatioun. In his
harangue made in the Great Kirk of Edinburgh, he said the like ;
for he thanked God, that he had sattled both kirk and kingdome,
and left them in that estat which he intended not to hurt or alter
anie wise, his subjects living in peace. How weill these promises
were keeped, we will see afterward.
1603. OF THE KIRK OF SCOTLAND. 223
THE king's journey TO LONDOUN.
Upon TVednisday, the sixt of Aprile, the king was receaved at
Berwick, with shootting of artillerie and other solemniteis. Johne
Matthew, Bishop of Durhame^ mett him with his rotchet and
corner cappe. A purse was presented to him with two thowsand
pimd Stei'Kne in it. An harangue was made to welcome him.
When he was a myle beyond Berwick, some Scotish ministers
meeting him, were biddin depart, without anie farther speeche.
He Avent from Berwick to Withringtoun, from Withringtoun to
Newcastell, and so, by Durhame to Yorke, Doncaster, Newwarke,
Burley, Roystoun, Theobalds, till at lenth upon the seventh of
May he was at Londoun, the noblemen and gentlemen of everie
shyre convoying him through their owne shyres. The jayles by
the way were made opin, and the prisoners sett at libertie, these
onlie excepted who lay for treasoun, murther, or Eomish disloyal-
tie. And yitt, Mr Andrew Melvill and Mr Davidsone could not
gett the favour that malefactors gott ! In the meane tyme, the
border men and Hieland men were stealing, reaving, killing.
THE king's ENTRIE TO LONDOUN.
The Lord Maior of Londoun, the Aldermen, with five hundreth
citicens, all in chaines of gold, and weill mounted, mett him at
Stamford Hill, as he went from Theobalds to Londoun, and
attended him till he came to the Charterhous, neere Smithfeild.
By the way, as he came to the Charterhous, the Recorder of Loru-
doun had the oratioun following : —
THE recorder's ORATIOUN.
" The commoun feares and difficulteis which perplexe most con-
fident oratours specking before princes, would more confound my
distrustful! spirit specking to your high Majestic, most mightic
224 calderwood's historie 1603.
king, our dread lord, did I not know, that the message that I
bring is to a good king alwayes gracefull. Curiositie of witt, and
afFectat streames of oratorie, I leave to these who delite more to
tickle the prince's eare, than to satlsfie his deepe judgement. To
me, most gracious soverane, your meannest subject, vouchsafe your
mylde and princelle attentloun, whill In the names of these grave
maglstrats, your majestle's falthfull Shireffs of Londoun and Mid-
dlesex, I offer your benlgne Grace that loyall and heartie welcome
which from that honourable and ancient citle, the heart of this
kingdom, Is brought by them, whose deepe and Inward greefe con-
ceaved for the losse of our peerelesse and renowned Queen Eliza-
beth, is turned in excessive joy for the approache of your excellent
Majestic thither, by whom the long and blessed peace of fourtle-
five yeeres Is made perpetuall. Great Is the acknowledgement we
owe to the memorle of our late princesse' governement, whose farre
spread fame, as it sail live recommended to posteritie for ever, so,
of her floorlshing ralgne no other testimonle needeth be required,
than that of your high Majestic, since none can be more honour-
able, that the like has not beene heard of nor read of in our dayes,
nor since the raigne of great Augustus. So that even glorious and
victorious kings have just caus to invy the vertue and glorle of a
woman.
"But she Is gathered In peace to her fathers, a memorable instance
of your Majestle's divine observatioun, that princes difFerre not in
stuffe, but in use, from commoun men. Out of the ashes of this
PhoBnlx, was thou, king James, borne for our good ; the bright
starre of the North, to which all true adamantine hearts had Ions:
before turned themselves ; whose flamme, like a new sunne rysing,
disperseth these clouds of feare, which ather our politick freinds, or
our opin enemels, or the unnaturall favourers of the fyft monarchic,
had givin us some caus to apprehend ; yea, our nobilltle, counsell,
and commouns, whose wisdom and fidelitle is therefore renowned
als farre as this yland Is spokin of, with a generall zeale posted to
your Majestle's subjectioun, not more Incltated therunto by the
right of your Majestle's discent and royall blood, drawin to this
1603. OF THE KIRK OF SCOTLAND. 225
faire inheritance from the loynes of our ancient kings, than
inflammed with the fame of the princelie vertues wherewith, as
a riche cabinet with pretious Jewells, your princelie minde is fur-
nished, if constant fame have delivered unto us a true inventarie
of your rare qualiteis. A king whose youth needs no excuse, and
whose afFectioun is subdued lo his reasoun. A king which doeth
not onlie doe justice, which evill tyranns doe some tymes, but
loves justice, which habite none but vertuous princes can putt on ;
who, imitating the true bountie of the King of kings, inviteth all
distressed people to come to him, not permitting Gehezi to take
talents of silver, nor change of garments.
" In some princes (my gratious soveran) it is eneugh that they be
not evill. But from your Majestic we expect an admirable, good,
and particular redresse. So strange an expectatioun forerunning
your Majestie's comming, hath invested the mindes of good men
with confort, of bad with feare. And see how bounteous heaven
hath assigned foure kingdoms, as proper subjects to your foure
kinglie vertues. Scotland has tryed your prudence, in reducing
these things to order in the church and commoun weale, which the
tumultuous tymes of your Majestie's infancie had there putt out of
squair. Ireland sail require your justice, which the misereis (I doe
not say the policeis) of civill Avarre have there defaced. France
sail prove your fortitude, when necessar reasoun of state sail bend
your Majestie's counsell to that interprise. But lett England be
the schoole wherin your Majestic will practise your temperance
and moderatioun ; for heere flatterie will assay to undermyne or
force your strongest constancie and integritie ; base assentatioun,
the bane of vertuous princes, which, like Lazarus' dogges, lickes
even the prince's sores, a vice made so familiar to this age by long
use, that even pulpits are not free from that kinde of treasoun.
A treasoun I may call it most capitall, to poysoun the fountaine of
justice and wisdome, wherat so manie kingdoms must be refreshed.
" Nor can I be justlie blamed, to lay opin to a skilfull and faithful!
physician our truegreeves: nay, it sail be the confort of my age to have
spokin the truthe to my lord the king ; and, with an heart als true
VOL. VL P
226 calderwood's HiSTorjE 1603.
to your Majestie as your owne, to make knowne to an uncorrupted
king, the hopes and desires of his best subjects, who, as if your
Majestie were sent doun from heaven to reduce the goldin age,
have now assured themselves, that this yland, by a strange working
and revolutioun now united to your Majestie's obedience, sail never
feare the mischeefes and misgovern ements which other countreis
and other tymes have felt. Oppressioun sail not be heere the
badge of authoritie, nor insolencie the marke of greatnesse. The
people sail everie one sitt under his owne olive tree, and anoint
himself with the fruict therof, his face not grinded with extorted
sweats, nor his marrow sucked with odious and unjust monopolies.
Unconscionable lawyers, and greedie officers, sail no more spinne
out the poore man's cans in lenth, to his undoing, and the decay
of justice. No more sail bribes blind the eyes of the wise, nor
gold be reputed the commoun measure of men's worthinesse ;
adulterated gold, which can guild a rottin post, to make Balaam a
bishop, and Isachar als worthie of a judiciall chaire as Solomon,
where he may wickedlie sell that justice which he corruptlie
bought. The money-changers and sellers of doves, I meane these
who traffique the livings of simple and religious pastors, sail your
Majestie whippe out of the temple and commoun wealth ; for no
more sail kirk livings be paired to the quicke, forcing ambitious
kirk men, partakers of this sacriledge, to enter in at the window by
simoneis and corruptiouns, which they must afterward repaire with
usurie, and make up with pluraliteis. The ports and havens of
these kingdoms, which have long beene barred, sould now opin the
mouths of their rivers, and the armes of their seas, to the gentle
amitie and just traffique of all natiouns, washing away our reproache
of universall pyrats and sea woolves, and drawing, by the exchange
of home-bred commoditeis with forraine, into the veynes of this
land that wholesome blood of weill gott treasurie which sail
strenthen the sinewes of your Majestie's kingdoms. The neglected
and almost worne out nobilitie sail now, as bright diamonds and
burning carbuncles, adorne your kinglie diademe. The too muche
contemned clergie sail hang, as a pretious ear-ring, at your princelie
1G03. OF THE KIRK OP SCOTLAND. 227
eare, your Majestle still listening to their bolie counsells. The
wearied commouns sail be worne, as a riche ring, on your royall
finger, which your Majestie, with a watchefull ey, Avill still gra-
tiouslie looke upon ; for we have now a king that will heare with
his owne eares, see with his owne eyes, and be ever zealous of a
great trust ; which being afterward become necessar, may be
abused to an unlimited power.
" O gratious liege ! lett never anie wray counsell divert or puddell
the faire streame of your naturall goodnesse. Lett wicked usurpers
seeke lewde arts to mainteane their lewde purchasse. To your
Majestie, called to this impyre by consent of God and man, and
now, king of raanie faithfull hearts, plaine and direct vertue is the
safest policie, and love to them who have shewed loyaltie to you
as a wall of brasse. They meane to sell the king to his subjects at
their owne price, and abuse the authoritie of his Majestie to their
owne privat gaine and greatnesse ; who perswade him, that to
shutt up himself from the accesse of his people is the meanes to
augment his estat. Lett me not seeme tedious to your Majestie,
nor yitt presumptuous, for I conceale not. But whills your
Majestie has beene perchance wearied with the commoun com-
plaints and insinuatiouns of particulars, for privat respects, lett it
be lawfull (my liege) for a heart free from hope or feare to shew
your Majestie the agues which keepe low the great bodie, wherof
your Majestie is the sound head. Now are we fed with hopes and
redresse by imaginatioun, as hungrie men with a painted bankett.
But by assurance of certane knowledge drawin out of the obser-
vatioun of your Majestie's forepast actiouns and sound bookes now
fresh in everie man's hands, being (to use your Majestie's owne
words) the vive idea and representatioun of the minde, whose
excellent and wholsome rules your Majestie will never transgresse,
having bound your princelie sonne by suche heavie penalteis, to
observe them after you. Nor doeth anie wise man wish, nor good
man desire, that your Majestie sould follow other counsell nor
cxemples than your owne, by which your Majestie is so neerelio
bound. To conclude, therefore, what great cans have we to wel-
228 calderwood's historie 1603
come to the terrltoreis of our cltie your most excellent Majestic,
who, to make us the glorious and happie head of this yland, have,
by your first entrance, brought us the additioun of another king-
dom, which warre could never subdue ; as your Majestic sail make
us partakers of that felicitie which divine Plato did only appre-
hend, but never see, (whose king is a philosopher ;) a philosopher
is our king.
" Receave, then, most gracious Soverane, that loyall welcome
which our cltie sendeth out to meete your Majestic. Our cltie,
which, for the long tryell of her loyaltie, obedience, and faithfull
readinesse in all occaslouns, your Majestie's royall progenitours
have honoured with the title of their chamber ; whose faithfull
citlcens, with true and weill approved hearts, humblle lay at your
royall feete their goods and lives, which they will sacrifice for your
Majestie's service and defence, with longing eyes desiring to receave
your Majestic within their walls, whom they have long since
loodged in their hearts. Praying to heaven that your Majestie's
persoun may be free from practise, your soule safe from flatterie,
your life extended to the possibilitie of nature, and that if not
your natural! life, yitt your royall life may have a period with the
world, your prlncelle offspring sitting upon their father's throne for
evermore ; and we, your Majestie's humble servants, surrendering
into your Majestie's hands that authoritie we hold from you, wishe
from our hearts, that all plagues may pursue his posteritie, that
but conspires your Majestie's danger."
THE king's ANSWERE TO MONS. DE LA FONT.
Monsieur de la Font made an harangue to the king, in name
of the Frenche and Fleemlsh kirks at Londoun, Canterburie,
Norwlche, Southamptoun, Colchester, Sanwlche, and Maldston,
wherln he desired the king to be theu' protectour, which Queen
Elizabeth and King Edward, his predecessors, were ; to confirme
their liberteis of their free exercise of rellgloun, merchandise, and
crafts. The substance of the king's answere was as followeth : —
1603. OF THE KIKK OF SCOTLAND. 229
" Messieurs, Howbelt yee have not seene me to this present, yitt
am I not a stranger, but am knowne to you. You know, as for
my reljgioun, what I am, not onlie by the brute wliich yee might
have heard of me, but also, by my writts, wherin I livelie expresse
the affectioun of my heart. Therefore, I need not manie words to
expresse my good will toward you, that have fled thither for reli-
gioun. I know there be two things that have made my sister,
the defunct queene, renownned through the world. The one is,
a desire which she ever had, to interteane the service of God in
her realme : the other, is her hospitalitie toward strangers. I
understand by the testimonie of sindrie nobles and gentlemen
within this realme, that, as yee have said, yee have alwayes prayed
to God for her, and have not transgressed your duetie. I know
also, that yee have enriched this realme with sindrie crafts and
trades. If the occasioun had offered itself to me, when I was farre
from you, as it were, in a corner of the world, I would have made
my goodwill knowne to you. But as I would not encroache upon
the right of another prince, so now, since it has pleased God
to make me king of this countrie, I sweare to you, that if anie
molest you or your churches, I sail be avenged, yee addressing
your self unto me. And howbeit yee be not my proper subjects,
yitt I sail mainteane you als far as anie prince in the world."
A PROCLAMATIOUN FOR PEACE BETWEEN THE TWO REALMS.
Upon the 19th of May, a proclamatioun was made, that all
subjects hold, repute, and esteeme both the realmes as presentlie
united, and the subjects of both the realmes as one people, breth-
rein, and members of one bodie, till the unioun be established with
due solemnitie. And in regarde therof, that everie one of them
absteane and forbeare to committ anie kinde of robrie, bloodshed,
or anie other insolence or disorder, or to receave and harbour the
persons, wives, childrein, or goods of the fugitives and outlawes of
either of the realmes. The occasioun of this proclamatioun was the
insolenceis of the borderers, committed after the death of Queen
230 calderwood's historie 1603.
Elizabeth, which continued upon a sinistrous conceate and opinioun,
that no suche unioun would be established or take effect.
AMBASSADERS FROM SINDRIE COUNTREIS.
Diverse ambassaders came to England to congratulat the king's
entrance ; as namelie, from the Passgrave of the Rhene, from the
Frenche king, from the Spanish king, from the States of the Con-
federated Provinces, from the Archeduke of Austria, from the
Seignourie of Venice, from the Duke of Florence, and others.
THE PEST RAGING AT LONDOUN.
The king entered no sooner in Londoun but the pest brake up,
and raged so, that howbeit upon the twentie-fyft of Julie, com-
mounlie called the feast-day of Saint James the Apostle, was
appointed for the solemnitie of the coronatioun, yitt the streetes
of Londoun, by reasoun of the sicknesse, became almost desolate,
and pageants almost without spectators to gaze upon them.
The borderers, both in England and Scotland, for the most part
entered themselves in Carlill ; the rest lurked.
THE QUEEN SEEKETH TO HAVE THE PRINCE.
Upon the seventh of May, the queene tooke journey to Stirline,
accompanied with some noblemen, where she had not beene before
by the space of five yeeres. Her intentioun was to bring the prince
her Sonne with her. Her purpose was perceaved by the Ladie
Marr and her sonne ; and when requeist prevailed not, the Ladic
Marr and her sonne, and the Laird of Keir, gave a flatt denyall,
and would not suffer the prince to goe out to the Torwod, or
whether the queene would have had him. Hammiltoun, Glen-
carne, Linlithquo, the Lord Elphinstoun, the Maister of Orkney,
came to Stirline weill accompanied with their freinds, but gott not
en trie in the castell, unlesse they would enter, everie principall
1G03. OF THE KIRK OF SCOTLAJSD. 231
man, Avith two and himself. The queene went to bed in an anger,
and parted wath childe the tenth of May, as was constantlic
reported. The Erie of Marr came from the king upon the 12th of
May, with full commissioun to the queene to goe to England.
The queene would not looke upon him, but desired to have the
letters which were sent from the king. He refused, unlesse he
gott presence to discharge his secreit commissioun. The queene
sent a letter with post to the king, the Erie of Marr did the like ;
wherupon the king sent the Duke of Lennox thither from court.
The duke came thither upon the 19th of May, and declared, that
the Maister of Marr, his mother, and freinds, had done good service
to the king, and that he had commissioun to transport both the
queene and the prince. The counsell conveenned in the castell of
Stirline. It was concluded, that the foure noblemen above men-
tiouned, who came to Stirline to the queene, repaire not within ten
myles to the prince. It was thought good that the Erie of Marr
sould deliver the prince to the duke, and that the duke again
deliver him to the counsell. The counsell, to pleasure the queene,
delivered him to her and the duke, to be transported, and to be
delivered by them to the king, and appointed so manie noblemen
to attend upon her ; of which number the Erie of Marr was not one,
to pleasure the queen. All parteis being contented, as seemed, the
Erie of Marr tooke journey toward England immediatlie after.
THE prince's ENTRIE TO EDINBURGH.
The queene, recovering her health, came out of Stirline, upon
Fry day the 27th of May, to Linlithquo, with the prince. The
duke and sindrie noblemen accompanied them. She came to
Edinburgh upon Saturday at even, the 28th of JNIay. Upon Tuis-
day, the 31st of May, the queen and the prince came from the
palace of Halyrudhous, to the Great Kirk of Edinburgh, ryding
in a coache, and accompanied with manie English ladeis in coaches,
and some ryding on faire hors. Great was the confluence of people
flocking to see the prince.
232 calderwood's historie 1G03.
THE QUEENE AND PRINCE TAKE JOURNEY TO COURT.
Upon Wedinsday, the first of June, the queen and prince tooke
journey about ten houres toward England, accompanied with the
duke, and sindrie noble men. The princesse, now Queen of Bo-
hemia, being sicke the night before, stayed till the thrid of June,
and then followed her mother softlie.
THE KING S CORONATION.
Notwithstanding the raging sicknesse, the coronatioun was cele-
brated upon the 25th of JuUe, with the accustomable rites, in the
collegiat church of St Peter, in Westminster. The king was sett
upon the regall chaire, wherin was a stone, called Fatum Jacobi,
famous in both the natiouns. The oyle was powred upon him and
Queene Anna by Johne Whitgift, Archbishop of Canterburie ; the
princesse and peeres wearing their robs and coronets, the officers
giving attendance in their places ; the Lord Maior of Londoun in
a gowne of crimson velvet, with the alder men in skarlet. Twelve
principall citicens were appointed to attend them, all others for-
biddin becaus of the plague. Great was the preparatioun for this
day, but the glorie of it was greatlie obscured by reasoun of the
plague, which hindered the confluence of people.
Some weekes before the coronatioun, some Popish preests com-
bynning Avith some of better ranke and note, contrived the surpriz-
ing of the king's person and Prince Henrie. They intended to
reteane them prisoners in the Towre, or if the Towre was not sure,
to carie them to Dover Castell, and there by violence ather obteane
their owne pardouns, and toleratioun of religioun, and removall of
some counsellers, or ellis to attempt farther. Watsone and Clerk,
two preests, thought the fact was lawfuU, it being done before the
coronatioun : for that the king was not king before he was anointed,
and the crowne solemnelie sett upon his head. The other persons
involved in this attempt were, Henrie Brooke, Lord Cobham, and
1603. OF THE KIUK OF SCOTLAND. 233
Lord Wardane of the Cinque Ports ; Thomas Lord Gray of Wil-
ton ; Sir Walter Raleigh, Lord Wardane of the Stannereis ; Sir
Griffin Markhame, Sir Edward Parham, Knights ; George Brooke
and Bartholomie Brookesby, Esquires, and Antonie Coplie, a Gen-
tleman. They were apprehended, and committed, some to the
guard-house at Westminster, others to the Towre of Londoun.
George Brooke, brother to the Lord Cobham, Sir Griffin Markhame,
Sir Edward Parhame, Brookesby, Copley, Watsone, and Clerk, were
first under try ell upon the 15tli of November. Their endytement
was, that they conspired to destroy the king, to raise rebellioun,
to alter religioun, to subvert the estate, to procure forraine inva-
sioun : that^ they had made knowne these their intents to the
Lord Gray, whom they meant to have Erie Marishall of England ;
Watsone, Lord Chanceler ; George Brooke, Lord Treasurer ; Sir
Griffin Markhame, Secretar : that with the king, the lords also
sould have beene surprized in their chambers at Greenwiche, and
the Lord Maior and Aldermen of Londoun sould be sent for, and
so be shutt up in the Towre. George Brooke answered, that he
had a commissioun from the king to doe what he did, onlie to try
faithfull subjects ; but produced it not. Sir Griffin Markhame
confessed his offence, alledging he committed it of a discontented
minde. Watsone confessed he had drawin all these sentle men
into these platts. He and Clerk alledged, there could be no trea-
soun, becaus they held the king to be no king till he was crowned.
Upon the 17th of November, Sir Walter Raleigh was brought to
the barre. Being indytted for combyning Avith the Lord Cob-
ham, his accuser, in these designes, he stood to his purgatioun from
mome till night ; but in end was found guiltie, and had sentence
of death. Within few dayes after. Lord Cobham w^as indytted,
for combyning with Sir Walter Raleigh and George Brooke to
procure forces from the King of Spaine and the Archduke, for an
invasioun, &c. ; the Lord Gray for joining with the preests, knights,
gentlemen foresaid, in the above-mentioned conspiraceis. They
pleaded Not Guiltie ; but were found otherwise, and receaved the
sentence of death. Of all the arraigned, Sir Edward Parhame
234 CALDEK wood's HISTORIE 1603.
was onlle acquitted by the jurie. Three suffered death, Watson
and Clerk, upon the 29th of November, Mr George Brooke upon
the fyft of December. The king signed a warrant for the execu-
tioun of the Lords Cobham and Gray, and Sir Griffin Markhame.
But soone after, he sent with Johne Gib, a Scotish man, a letter
to stay the executioun. All the three were brought severallie to
the scaffold, and looked for nothing but death ; but by directioun
from the king to the sherriff of the shyre, Avere taikin backe again.
Sir Patrik Murrey *****
The preparatioun which some of the sincerer sort were making for
the conference at Hamptoun Court, may be gathered of this letter
following, writtin from the South to Berwick : ■ —
" Maister Selbie. So it is, the king hath resolved of a confer-
ence, to be holdin the 12th of Januarie, betwixt eight bishops and
eight ministers, to decide all the maters of difference in our church.
It is thought requisite by suche as laboured with the king, that
everie shyre sail send to the court an exact survey of the ecclesias-
tical estat, from the bishop to the paritie ; how manie non-resi-
dents, pluralists, and ydle ministers, with the greevous abusses of
the courts. As also, three petitiouns unto his Majestic from everie
shyre : the one from the gentrie, subscribed with their names ;
another from the commouns, ather subscribed by them, or the num-
ber of their names that stand weill affected, or ellis by the justicers,
at the sute of the commouns onlie, for a preaching and resident
ministrle, and to be fred from the intolerable burtheins of the courts.
The thrid from the clergie, subscribed by the ministers, for the
remedie of suche abusses as they are pestered with. Lykewise,
letters from the gentrie and others, from the ministrie of everie
shyre, to the Lords of Counsell, or to the Erie of Marr, the Lord
Cicill, or Sir George Hume. But it is thought best to the Lords
of the Counsell, to interest them in the cans. They may be writtin
in the name of manie thowsand commouns. I have obteaned this
sute of his Majestic, that he has givin all his improprlatiouns In
his owne gift to the use of the ministrie, after the leases expired,
1603. OF THE KIRK OF SCOTLAND. 235
reserving his old rent and letters to both the universiteis, that they
sail lease their impropriatiouns no more to lay men, but to preachers
bred up in their colledges, reserving their accustomed rent of fyne.
We are muche bound to Mr Patrik Galloway for his constancie in
the behalfe of the cans. I am ashamed of the backAvardnesse of
the ministers to further their owne cans. The diligence of the
adverse partie is incredible. I have no acquaintance northward
but with yourself, Mr Mortoun, and the Bishop of Carlill. I pray
you, be carefull to send to all the ministers and gentlemen weill
affected, to further this businesse. I feare most the slownesse of
the north parts. If it be so, I will blame you. The great touns
sould bring in their petitiouns by themselves. You may doe
Weill to send into Scotland, that there may be petitiouns from all
the presbytereis to the king, in the behalfe of the ministers of
England, a letter to the Lords of the Counsell, to the Erie of
Marr, and Sir George Hume, and to the Lord of Kinlosse, to
interest them in the caus of reformatioun. Mr Fleitwod will
take order for all these parts about him, and I hope T sail see the
effect of these my letters from you. Direct your letters to Mr
Patrik Galloway, and enclose the letters to me within them. Thus
expecting [to] heere from you by the nixt messinger, I take my
leave.
"From Wincester, the 12th of October 1603.
" I would the Scotish presbytereis would be petitioners, that our
bishops might be like theirs in authoritie, though they keepe their
livings. The king is resolved to have a jDreaching ministrie, to
mitigat subscriptioun, and to restore the censures of the kirk ad
integram. All the ministers of England are advertised of the pro-
ject against the conference, and are resolved to send the survey to
the king's Majestic."
The good professors in England were putt in hope of a good
beginning of reformatioun ; and so muche was pretended when the
conference was appointed, but nothing lesse meant, yea, rather,
under colour of conference, to procure farther confirmatioun to tlie
corruptiouns and abuses. Good Mr Cartwright, one of the num-
236 calderwood's historie 1603.
ber that was appointed for the conference, was hardlle taikin up by
the king, when he went to him to salute him. The king said,
" What, are yee the man that wrote against the Reverend Father,
the Bishop of Canterburie ? " The honest man tooke this reproofe
verle heavilie ; and forseing there was no hope of reformatloun,
but rather a confirmatioun of all abuses, departed this life before
the holding of the conference. What sinceritie was there meant,
when, for the sincere j)artie, were nominated two that were verie
corrupt ? Appearandlie, they were nominated onlie to be spyes,
and to prevaricat.
AN ADVERTISEMENT OF A LOYALL SUBJECT TO HIS SOVERANE,
DRAAVIN FROM THE OBSERVATIOUN OF THE POPULAR SPEECHE,
IN THE MONETH OF NOVEMBER OR DECEMBER.
" It Is said, that your Majestic will not continue the protectioun
of the Low Countrels. They be the onlie yoke-fellowes, as it were,
of your religioun. And although, doubtlesse, your Majestie's high
wisdome will foresee all inconveniences, yitt the simple gospellers
mourne for your resolutioun and destructioun ; for If the Spaniard
prevaile against these poore forsaikin men, his forces by sea are
more than triple, peace will quicklie enriche him, wealth will adde
unto his pride, encreasse his hatred to your religioun and people.
And the Pope, the firebrand of dissensioun, even when you are
despoiled of your best aidsmen by sea in the world, will discover
his wounted malice against us. The pretended title of the Infanta
is not unknowne to your Majestic. It sail not want the Anti-
chrlstlan furtherance. The Spaniard, his deerest childe, your king-
dome sail be, by his unholie holinesse givin fortiori. Alas I they
sail have no worke at home. It sail be but sport for them to warre
upon you.
" Principiis obsta ; sero medicina paratur,
Cum mala per longas invaluere moras."
1G03. OF THE KIRK OF SCOTL^VND. 237
" It is said, if your Majestie discontinue the league with the
Estats, the Frenche king is readie to interteane the bargaine.
There is a certan antipathie betuixt them and us, and it is hard to
judge whether the Spaniard or the Frenche will prove worse
nighbours. Your true subjects, therefore, pray you to keepe
them both at the stave's end.
" It is said, that your Majestie receaves infinite number of peti-
tiouns, and the poore foolish people thinke the king's leasure may
serve to attend everie man's bussinesse. Rid your hands betyme
of suche importune sutes ; and, except your Majestie see great
cans to the contrare, referre them to the ordinar course of justice,
ordeanned for to end all differences. But if anie compleane truelie
against the cheefe officer, of what place or dignitie so ever he be,
heare him your self, (gratious soverane :) make but one or two ex-
eraples of justice, and we sail find a goldin change suddanlie. But
yitt, the law talionis must be putt in use, that the unjust accuser
be severelie punished, least the magistrat be brought in contempt.
" It is said, that your Majestie gives muche ; . (llberalitie in a
prince is a necessar vertue ;) but the coffers are said not to be so
full as that they need empteing, nor your estat in so great securitie
as that it may endure a leane treasure. After two or three yeeres
tryell of your nighbours, confederats, and their affectioun, and the
better understanding of your force and occasioun, your Majestie
sail have the better to discerne once, of what plentie, in what
maner, and to whom to give. Your subjects have beene of late
yeeres troubled with manie subsideis, and, without doubt, the
commouns are poore, needie, and in debt : they desire some ease ;
they wounder that your Hicnesse doeth not remitt the remainder
of the taxes and subsideis yitt behind. They say, it has beene a
custome of the kings, at their first entrie to the crowne, so to doe,
and their hope in that cace is deceaved. They pray you not to
folloAV the opinioun of Rehoboam's young counsellers, nor to suffer
the long use of long taxes and subsideis, or turne to an habite, for
they vow, in defence of your Majestie, the Gospell, and Estate,
they will be prodigall of their lives and livings.
238 caldekwood's historie 1603.
"They say, that some be advanced to places of justice altogether
unfitt for them, in that they are ignorant of our lawes and customes.
The advancement of these of the Gowne was wount to be as of
these of the Feild : from an old souldiour to a lieutenant, from a
lieutenant to a captan, and so, orderlie, to everie place of the
campe, though in danger there be some difference. For an un-
skilfuU Generall can seldom offend more than once, and then, life
and all payes for it. But suche a magistrat may, peradventure, by
a thousand ignorances, inrlche himself, and wrong an infinite number
of poore people.
" It is said, that the office of the Malstership of the Rolls sail be
executed by a deputie. The patent is holdin for a wise and honour-
able gentle man. But the deputie now spokin of is of no honest
fame. And God forbid that so good a king sould shew so base a
president, as to suffer a cheefe place of justice to be performed, or
rather abused, by a deputie, or that the patent sould make sale of
your Majestie's free gift. The place was in a maner executed by a
deputie before.
" Suche was the negligence of these, as pro tempore were com-
missioners. But the office of the after noone, with the Maister of
the Rolls, was to heare and end manie causes. Of the want of
these the clients compleane.
" It is said, that the Maister of the Rolls now being can not attend,
by reasoun of his more necessar imployments about your Majestie.
" It is said, that the respect at court of the Scots by all the
attendant officers is so partial!, as the English find themselves
muche disgraced. The meanest of that countrie may enter your
presence without controlment ; but the English [are] verie un-
reasonablie putt backe. The fault is not said to be in your Ma-
jestie ; it is the foolish craving of some of the English. But your
Majestie must provide, that that indiscretioun breed not indiscreit
cmulatioun, who ought, as we professe one God and one king, so to
have but one heart, and your English subjects not to be disgraced.
For it must be confessed (right noble king) that the kingdom and
people of England have made you great. Manie offices have beene
1603. OF THE KIRK OF SCOTLAND. 239
talkin from the English and givin to the Scots ; and some that
served with good commendatioun, which your Majestic must esteem
done to your self, remaine unthought of and unrewarded.
"It is said, that "your Majestic purposeth to alter the forme of
our governement, and that fault is found with our commoun law
and customes of England ; and, speciallie, our tryell by the oathe
of twelve men, which, without doubt, is the best and equallest
course, and it in it self least capable of corruptioun. Everie altera-
tioun, even in a privat familie, muche more in a kingdom, breedeth
hurlie-burlie. Doubtlesse there be abuses in the Court of West-
minster, and cheefelie in arbitrarie courts. But if your Majestic
had but once purified but a few of the officers, how suddanlie
would your Majestic give allowance to our commoun law and
statuts, which are even fitting to the occurrences and nature of
your people and kingdom !
" It is said, that your Majestic, of a magnanimous and royall
nature, not delyting in popular salutations, doeth passe by great
troupes of the commouns with a kinde of kinglie negligence, nather
specking nor looking upon them. The poore sort of the people are
bold with your Majestic. They prattle of the maner of their late
queene, who, when she was scene publictlie abroad, would oftin
speeke kindelie to the multitude, discovering her royall acceptance
of their joyfull acclamatiouns, manie tymes also staying, that her
subjects hungering, might have their full in beholding their soverane.
Your Majestic must therefore in some sort satisfie their zealous
afFcctiouns, or elhs, the poore rascalls, als farre as they dow, will
be angrie with your Majestic.
"It is said, that your Majestie's followers, als weill English as
Scotish, proclame opin sale of the most noble and ancient order of
knighthood, whereby some of unworthie conditioun, contrare to
your Hienesse' intent, for bootie have beene unworthilie made
knights, to the dishonour of your royall palace, and the disgrace of
manie noble and vertuous knights.
" Fcex plehis, I wote not what to call them, but some there be,
who most unnaturallie and unreverentlie, by egregious lees, wound
240 calderwood's historie 1603.
the honour and fame of our late deceassed soverane, not onlie taxing
her persoun but her governement with suche manifest untruthes ;
and the foolish and indigesta moles, your commouns of Londoun,
(I sould have said, some of them, for doubtlesse all are not so
lurd,) have putt out her name where it was engraven and painted
under the armes of the kingdom. And it is said, they are about to
alter certane monuments once dedicated to her. Surelie, these
slanders are the device of the Papists, aiming thereby at the de-
formatioun of the GospeU. It will, therefore, prove your Majestic
truelie magnanimous, to provide for the preservatioun of her famous
memorie by all meanes.
" It is said, that manic ancient and poore officers at court are
disgraced, and their places givin to your countrie men, the Scots.
Indeid, to say true, it is meete that your Majestie's knowne ser-
vants sould be for your Majestie's neerest imployments. Nather is
it anie dishonour to the English natioun, if your good servants be
preferred, so that your Majestic leave not the weill deserving dis-
graced. The people are rightHe termed a beast of manic heads ;
als manic men, als manic mindes. Yltt, which is the worke of God,
I heare everle man loves and reverences your Majestie.
" Lett, therefore, the admirable maner of your Majestie's comming
to so excellent a kingdom be ever before your eyes. God is
cheefelie to be honoured, tiTie religioun more and more to be
advanced, the commoun wealth cherished, which consisteth cheefe-
lie of home-borne men. It were good we could forgett all differ-
ences of natiouns, and repaire the almost decayed name of Great
Britaine. Doubtlesse, unto so wise a prince, a word is eneugh ;
and, therefore, poore I, who have alwise In my privat conference
malnteanned your Majestie's just title, so farre as I durst, will
heere end, blessing my God that I see the happie day, wherin
these kingdoms, of long disjoynned, be now joynned in one royall
persoun, whose posteritie God so blesse, as they sail continue kings
of this land untlU the dissolutioun of the unlversall.
" God save King James of England, Scotland, France, and
Ireland ; Defender of the Faith," &c.
1604. OF THE KIRK OP SCOTLAND. 241
By this advertisement we may see how the realme of England
was misgoverned by our king, in the verie first yeere of his raigne.
M.DC.IV.
The conference at Hamptoun Court beganne upon Saturday, the
14th of Januarie. Diverse reports were made of that conference,
different from that leing narratioun which was sett furth by Barlo.
I will, therefore, sett doun that relatioun which Mr Patrik Gal-
loway, being then in England with the king, sett doun in writt,
and sent to the presbyterie of Edinburgh, after it was revised by
the kino; himself.
" Beloved Brethrein, after my verie heartilie commendatiouns.
These presents are to shew you, that I receaved two of your letters ;
one directed to his Majestic, and another to my self, for the using
therof. The samine 1 read, closed, and three dayes before the
conference delivered it into his Majestie's hands, and receaved it
backe again, after some short speeche had upon a word of your
letter, as ' the grosse corruptions of this church ;' which then was
exprimed ; and I assured, that all corruptiouns dissonant from the
Word, or contrare thereto, sould be amended. The 12th of Januarie
was the day of meeting, at what tyme the bishops called upon by
his Majestic, were gravelie desired to advise upon all the corrup-
tiouns in this Church, in doctrine, ceremoneis, disciphne, and as
they would answere to God in conscience, and to his Majestic upon
their obedience, that they sould returne the thrid day after, which
was Saturday. They returned unto his Majestic, and there, apposed
as of before, it was answered, all was weill. And when his Ma-
jestic in great fervencie brought instances to the contrare, they,
upon their knees, with great earnestnesse, craved that nothing sould
be altered, least the Papists recusants, punished by penall statuts
for their disobedience, and the Puritan punished by deprivatioun
from calling and living, for non-conformitie, sould say, they had
just cans to insult upon them, as men who had travelled to bind
VOL. VI. Q
242 calderwood's historie 1604.
them to that which, by their owne mouths, now was confessed to
be erroneous. Alwise, after five houres dispute had by his Majestie
against them, and his Majestie's resolutioun for reformatioun in-
timated to them, they were dismissed that day. Upon the 16th of
Januar, being Moonday, the brethrein were called to his Majestie,
onlle five of them being present, and with them two bishops and
six or eight deanes. Heere his Majestie craved to know of them
what they desired to be reformed. But it was verie louslie answer-
ed, and coldhe. This day ended after foure houres talking, and
Wedinsday, the 18th of Januar, appointed for the meeting of both
parteis ; where, as of before, the parteis called together, the heeds
were repeated, which his Majestie would have reformed at this
tyme. And so the whole actioun ended. Sindrie as they favoured,
gave out copeis of things heere concluded ; wherupon my self tooke
occasioun, as I was an ey and eare witnesse, to sett them doun,
and presented them to his Majestie, who, with his owne hand,
mended some things, and eeked other things which I had omitted.
Which corrected copie with his owne hand I have, and of it have
sent you heerin the just transsumpt, word by word. And this is
the whole. At my owne returning, which, God willing, sail be
shortlie, yee sail know more particularlie the rest. So, till then
taking my leave, I committ you to the protectioun of the Most
High, and your labours to the powerfull blessing of Christ, the
author therof.
"From Londoun, this 10th of Februar, 1604.
" Your brother in the Lord to his uttermost,
" Mr p. G^yLLOWAY.
" The caus of my delay to write, was my awaiting on his Ma-
jestie's leasure, to obteane that copie spokin of before, corrected as
it is, that so I might write, as it was allowed to ^tand and be
performed."
1604. OF THE KIKK OF SCOTLAND. 243
A NOTE OF SUCHE THINGS AS SALL BE REFORMED.
1. Of Doctrine.
1. "That an unlforme, short, and plame catechisme be made, to
be used in all churches and parishes of this kingdom, and none
other. There is alreadie the doctrine of the Sacraments added in
most cleere and plaine termes.
2. " That a translatioun be made of the whole Bible, als con-
sonant as can be to the originall Hebrew and Greeke ; and this to
be sett out and printed without anie marginall notes, and onlie to
be used in all the churches of England in divine service.
3. " That no Popish or traterous bookes be suffered to be brought
in this kingdom ; and strait order to be takin, that if they come
over, that they be delivered nor sold to none ather in the countrie
or universiteis, but suche onlie as may make good use therof, for
confatatioun of the adversareis."
2. Of the Service-Booke.
1. " That to the Absolutioun, sail be added the word of pro-
nouncing the remissioun of sinnes.
2. " That to the Confirmatioun, sail be added the word of cate-
chizing or examinatioun of the children's faith.
3. " That the privat baptisme sail be called the Privat Baptisme
by the ministers and curats onlie ; and all these questiouns that
insinuat weomen or privat persons, to be altered accordinglie.
4. " That suche Apocrypha as have anie repugnance to canoni-
call Scripture, sail be removed and not read, and other places
chosin for them, which may serve better ather for explanatioun of
Scripture, or instructioun in good life and maners, and speciallie,
the greatest part of suche places as were givin in writt.
5. " The words of mariage to be made more cleere.
" The crosse in baptisme was never compted anie part in bap-
tisme, nor signe effective, but onlie significative."
244 calderwood's historte 1604.
3. Of Discip Hn e.
1. " The bishops are admonished to judge no ministers, without
the advice and assistance of some of the gravest deans and chaplans.
2. " That none sail have power to excommunicat but onlie the
bishops in their dioceis, in the presence of these foresaid, and
onlie upon suche weightie and great causes to which they sail
subscribe.
3. " The civill excommunicatioun now used, is declared to be a
mere civill censure ; and, therefore, the name of it is to be altered,
and a writt out of the Chancerie to punish the contumacie sail be
framed.
4. " That all bishops nominated to that effect, sail sett doun the
maters and maner of proceeding to be followed heerafter in eccle-
siasticall courts, and modifie their fees.
5. " That the oath ex officio be rightlie used, id estj onlie for great
and publict slanders.
6. " That the bishops be carefull to cans the ministers note in
everie parish of their dioceis the names of all recusants : also, the
names of suche as come to church, and heare preaching, but refuse
to communicat everie yeere once ; and to present the same to the
bishop, the bishop to the archbishop, the archbishop to the king.
7. " That the Sabboth be looked to, and keeped better, through-
out all dioceis.
8. " That the high commissioun be rightlie used, the causes to
be handled, and the maner of proceeding therin to be declared ;
and that no person be nominated thereto, but suche as are men of
honour and good qualitie."
4. Of the Ministrie.
1. " That the reading ministers that are of age, and not scandal-
ous, be provided for and mainteaned by the person preferred to
preache in his rowme, according to the valour of the living ; and
that the unlearned and scandalous be tryed and removed from
these places, and learned and qualified be placed for them.
1G04. OF THE KIRK OF SCOTLAND. 245
2. " That als manie learned ministers as may be had, with con-
venient maintenance for them, may be placed in suche places where
there is want of preaching, with all haste.
3. " That learned and grave ministers be transported where the
Gospell is sattled and planted, to suche parts of the kingdom
where greatest ignorance is, and greatest number of recusants are.
4. " That ministers, beneficed men, make residence upon their
benefices, and feed their flockes with preaching everie Sabboth
day.
5. " That pluralists, and suche as presentlie have double bene-
fices, make residence upon one of them ; and that these their bene-
fices be als neere other, as he may preache to the people of both,
their weeke about ; and where they are farther distant, that he
mainteane therin a qualified preacher."
5. Of Schooles.
1. "That schooles in citeis, touns, and famileis, throughout all
this kingdom, be taught by none but suche as sail be tryed and
approved to be sound and upright in religioun ; and for that effect,
that the bishops in everie one of their dioceis sail take order wit-li
them, displacing the corrupted, and placing honest and sufficient
in their places.
2. " That order be taikin with universiteis, for trying of maisters
and fellowes of coUedges, and that none be suffered to have cure
of instructing of youth but suche as are approved for their sound-
nesse in religioun ; and suche as are suspected, or knowne other-
wise to be affected, to be removed.
3. " That the kingdom of Ireland, the borders of England and
Scotland, and all Wales, be planted with schooles and preachers,
als soone as may be.
" The ministers have this long tyme past, and sail be in all tyme
comming, urged to subscribe nothing but the three articles, which
are both cleere and reasonable."
246 calderwood's historie 1 604.
ARTICLES WHERTJNTO ALL SUCHE AS ARE ADMITTED TO PREACHE,
READ, CATECHIZE, MINISTER THE SACRAMENTS, OR TO EXECUTE
ANIE OTHER ECCLESIASTICALL EUNCTIOUN, DOE AGREE AND
CONSENT, AND TESTIFIE THE SAME BY SUBSCRIPTIOUN OF THEIR
NAMES. ANNO 1583.
1. " That his Majestie under God hath, and ought have, the
soveraintie over all maner persons borne within his realmes, domi-
niouns, and countreis, of what estate ather eccleslasticall or tem-
porall so ever they be ; and that none other power, prelat, state,
or potentat, hath, or ought to have, anie jurisdictioun, power,
superioritie, pre-eminencie, or authoritie ecclesiasticall or spirituall,
within his Majestie's said realmes, dominiouns, or countreis.
2. " That the Booke of Commoun Prayer, and of ordeaning of
bishops, preests, and deacouns, conteaneth in it nothing contrarie to
the Word of God, and that the same may be lawfullie used ; and
that I my self who doe subscribe, will use the forme of the said
booke prescribed, in publict prayer, and administratioun of the
sacraments, and none other.
3. "That I allow the Booke of Articles of Religioun agreed upon
by the archbishops and bishops of both the provinces, and the
whole clergie, in the convocatioun holdin at Londoun, in the yeere
of our Lord 1562, and sett furth by authoritie; and doe beleeve
all the articles therin conteaned to be agreable to the Word of
God, in witnesse wherof, I have subscribed my name."
MR J. MELVILL's articles TO THE PRESBTTERIE OF EDINBURGH.
This copie corrected by the king is slender eneugh, yitt different
from the narratioun extant in print. Mr James Melvill was at the
presbyterie of Edinburgh the last of Februar, when this letter,
with these articles, were presented and read. All others keeping
silence, he craved two things : First, that they would, as Christian
and brotherlie compassioun craved, be greeved and tuiched with
1604. OF THE KIRK OF SCOTLAND. 247
sorrow, with manie godlle and learned brethrein in our nighbour
countrie, who, having expected a reformatioun, are disappointed and
heavilie greeved ; and if no other way could be found for helpe,
that they would at the least helpe by their prayers to God, for
their confort and releefe. Nixt, that seing the presbyterie of
Edinburgh had ever beene as the Sion and watche-towre of our
kirk, and the ministers therof the cheefe watchemen, that they
would watche and take heed that no perrell or contagioun come
from our nighbour kirk ; and give waiming, in cace there be
occasioun, to the presbytereis throughout the countrie ; and name-
lie, that they take heed at this parliament, which is indicted by
proclamatioun, and intended for unioun of the two realms.
MACKGREGORS HANGED.
Upon the 18th of Januar, Mackgregore was convoyed by the
guarde which attended upon the counsell, to Beruick, becaus
Argile promised to him, when he randered himself, that he sould
be caried to England. But a post was appointed to meete them,
to cans bring them backe again, which was done immediatlie.
Upon the 20th of Januar, he, and sindrie of his clan, were hanged
in Edinburgh. Seven of the number came in long before, as
pledges for performance of certane conditiouns which were to be
fulfilled by their cheefe. But they were hanged with the rest,
without the knowledge of an assize. They were young men,
and reputed honest for their owne parts. The Laird of Mack-
gregore was hanged a pinne above the rest. A young man, called
James Hope, beholding the executioun, fell doun, and power was
taikin from the halfe of his bodie. When he was carried to an
hous, he cryed, that one of the Hieland men had shott him with
an arrow. He died upon the Sabboth day after.
HUME LIEUTENANT.
About this tyme, manie Papists resorted to the countrie. The
248 calderwood's historie 1604.
Lord Hume, a suspected Papist, was made lieutenant of the
borders.
There came furth two proclamatiouns in England in the moneth
of Februar, and beginning of Marche ; the one against Jesuits and
Seminarie preests, yitt favourable to the Pope and Papists of estat.
The other concerned maters concluded in the conference holdin at
Hampton Court, verie favourable for the bishops, and greevous to
all that looked for reformatioun. The copie of the former I have
sett doun, that the reader may perceave what was the king's minde
toward Papists : —
" By the King.
" Having after some tyme spent in settling the politick effalres
of this realm e, of late bestowed no small labour in composing cer-
tane differences we found among our clergie, about rites and cere-
moneis heretofore established in this Church of England; and
reduced the same to suche an order and forme as, we doubt not,
but everie spirit that is led onlie with pietie, and not with humour,
sail be therin satisfied ; it appeared unto us, in the debating of these
maters, that a greater contagioun to our religioun than could pro-
ceed from these light differences * * * *
* * * by persons, commoun enemeis to them both ;
namelie, the great number of preests, both Seminareis and Jesuits,
abounding in this realme, als weill of suche as were heere before
our comming to this crowne, as of suche as have resorted thither
since, using their functiouns and professiouns with greater libertie
than heeretofore they durst have done, partlie upon a vaine con-
fidence of some innovatioun in maters of religioun to be done by
us, which we never intended, nor gave anie man cans to expect ;
and partlie upon the assurance of our generall pardoun, granted
according to the custome of our progenitours, at our coronatioun,
for offences past in the dayes of the late queene : Which pardouns
manie of the said preests have procured under our great scale ; and
holding themselves thereby free from the danger of the lawes, doe
with great audacitie exercise all oflfices of their professioun j both
1604. OF THE KIRK OF SCOTLAND. 249
saying masses, pers wading our subjects from the religioun estab-
lished, and reconciUng them to the Church of Rome, and, by con-
sequence, seducing them from the true perswasioun which all
subjects ought to have of their duetie and obedience to us.
" Wherefore, forasmuche as by way of providence to preserve
their people from being corrupted in religioun, pietie, and obedi-
ence, is not the least part of royall duetie, we hold our selves
obliged, both in conscience and in wisdom, to use all good meanes
to keepe our subjects from being infected with superstitious
opiniouns in maters of religioun, which are not onlie pernicious to
their owne soules, but the readie way and meanes to corrupt their
duetie and allegiance, which can not be anie way so surelie per-
formed as by keeping from them the ministers and instruments of
that infectioun, which are the preests of all sorts ordeanned in for-
raine parts, by authoritie prohibited by the lawes of this land.
Concerning whom, therefore, we have thought it fitt to publishe
to all our subjects this opin declaratioun of our pleasure : That
where there be of preests at this present within our kingdom, be
they regular or without rule ; diverse sorts, some in prissoun, some
at libertie ; and of both, some having obteaned our pardoun under
our great scale, and some having no suche pardoun ; and again,
some that were heere before our comming to this realme, and some
that are come since. For all suche that are in prissoun, we have
taikin order that they sail be shipped at some convenient port, and
sent out of our realme als soone as possible may be ; with com-
mandement not to returne again into anie part of our dominiouns,
without our licence obteaned, upon paine and perrell of the lawes
being heere in force against them : and for all others that are at
libertie, whether having * * * * *
* * advertise them and all our subjects, that extending
onlie to maters done before the death of the late queene, doeth not
exempt anie preest from the danger of the law, for his abode heere
since our successioun to the crowne, above the tyme of the statute
limited. We doe hereby will and command all raaner of Jesuits,
Seminaries, and other preests whatsoraever, having ordinatioun
250 calderwood's historie 1604.
from anle authoritie by the lawes of this realme prohibited, to take
notice, that our pleasure is, that they doe before the 19th day of
Marche nixt ensuing the date heerof, depart furth of our realme
and dorainiouns ; and that for that purpose, it sail be lawfull to all
officers of our ports, to suffer the said preests to depart from thence
into anie forraine parts, betweene this and the said 19th day of
INIarche ; admonishing and assuring all suche Jesuits, Seminareis,
and preests of what sort so ever, that if anie of them sail be after
the said 19th day taikin Avithin this realme, or anie our dominiouns,
or departing now upon this our pleasure signified, sail therafter
returne within this realme, or anie our dominiouns, again, that they
sail be left to the penaltie of the lawes heere being in force con-
cerning them, without hope of anie favour or remissioun from us.
'' Wherefore, we will and command all archbishops, bishops, lieu-
tenants, justicers of peace, and all others our officers and ministers
whatsoever, to be vigilant and carefuU after the said 19th day of
Marche past, to doe their duetie and diligence, in discovering and
apprehending all preests that sail remaine heere contrare to this
our declaratioun : which, though perhaps it may seeme to some to
presage a greater severitie toward that sort of our subjects who,
differing in their professioun from the religioun by law established,
call themselves Catholicks, than by our proceedings with them
hitherto we have givin them caus to expect, yitt, doubt we not,
but when it sail be considered with indifferent judgement what
causes have moved us to use this providence against the said
Jesuits, Seminareis, and preests, all men will justifie us therin.
For to whom is it unknowne into what perrell our persoun was
like to be drawin, and our realme into confusioun, not manie
moneths since, by a conspiracie first conceaved by persons of that
sort, who, having prevailed with some, had undertaikin to draw
multitudes of others to assist the same, by the authoritie of their
perswasiouns and motives, grounded cheefelie upon maters of con-
science and religioun? Which, when other princes sail duelie
observe, we assure our selves they will no wise conceave, that this
alteratioun groweth from anie change of dispositioun now more
1604. OF THE KIRK OF SCOTLAND. 251
exasperated nor heeretofore, but out of necessarie providence to
prevent perrells otherwise inevitable : Considering that their abso-
lute submissioun to forraine jurisdictioun, at their first talking of
orders, doeth leave so conditionall an authoritie to kings over their
subjects, as the same power by which they were made may dis-
pense at pleasure with the straitest band of loyaltie and love
betweene a king and his people. Amongst which forraine powers,
although we acknowledge our selves personallie so muche beholdin
to the now Bishop of Rome for his kinde offices, and privat tem-
porall cariage toward us in manie things, as we sail be ever readie
to requite the same towards him, (as Bishop of Rome, in state and
conditioun of a secular prince,) yitt, when we consider and observe
the course and clame of that See, we have no reasoun to imagine
that princes of our religioun and professioun can expect anie assur-
ance long to continue, unlesse it might be assented by mediatioun
of other princes Christian, that some good course might be taikin
by a generall councell, (free and lawfullie called,) to plucke up
these roots of dangers and jealousies which arise for caus of reli-
gioun, als Weill betweene princes and princes, as betweene them
and their subjects ; and to make it manifest that no state or
potentat ather hath or can challenge power to dispose of earthlie
kingdoms or monarcheis, or to dispense with subjects' obedience
to their naturall soverans. In which charitable actioun there is
no prince living that will be readier than we sail be to concurre
even to the uttermost of our power, not onlie out of particular dis-
positioun to live peaceablie with all states and princes of Christen-
dome, but becaus suche a settled amitie might, by an unioun in
religioun, be established among Christian princes, as might enable
us all to resist the commoun enemie."
The other proclamatioun served to confirme the ecclesiasticall
governement, and the Booke of Commoun Prayer, in the same
forme and estat as Queen EUzabeth left them, to the great greefe
of godlie professors. A writt was directed out of the Chancerie to
Johne Whitgift, Bishop of Canterburie, bearing date the 13th of
Januarie, to call bishops, deans, archdeacons, chapters, coUedges,
252 calderwood's historie 1604
and otlier clergie men of everie diocie within the province of Can-
terburie, to compeere before him at the cathedrall kirk of Paul's,
upon the 20th day of Marche, or ellis where, as he sould thinke
most convenient, to treat, consent, and conclude upon certan diffi-
cill and urgent effaires, mentiouned in the said writt. But the
archbishop died before the tyme appointed. He fell a swowne in
the counseU. The bishops, deans, archdeacons, &c., assembled
and appeared in convocatioun before Bishop Bancroft, Bishop of
Londoun, authorized, appointed, and constituted, (by a secund
writt out of the Chancerie, dated the 9th of Marche,) president of
the said Convocatioun, by reasoun of the death of the said Arch-
bishop of Canterburie. Free libertie and licence was granted by
letters patent under the great scale of England, the one dated the
12th of Aprile, the other the 25th of June, to conferre, treat, and
agree upon suche canons, orders, ordinances, and constitutiouns, as
they sould thinke to be keeped in tyme comming, and to sitt from
tyme to tyme during the first parliament. The canons and con-
stitutiouns agreed upon by them were ratified by the king, and
consequentlie, all the corruptiouns which sould have beene abolished.
Manic which were growne out of use were re-established, and the
godlie putt out of hope of all reformatioun.
About this tyme there was a proclamatioun, whereby the two
kingdoms were united, under the name of Great Britaine.
A PART OF THE KING'S SPEECHE, AS IT WAS DELIVERED BY HIM
IN THE UPPER HOUS OF THE PARLIAMENT, TO THE LORDS SPIRI-
TUALL AND TEMPORALL, AND TO THE KNIGHTS, CITICENS, AND
BURGESSES THERE ASSEMBLED, ON MOONDAY, THE 19tH OF
MARCHE, 1603 ; BEING THE FIRST DAY OF THE PARLIAMENT,
AND THE FIRST PARLIAMENT OF HIS MAJESTIE's RAIGNE IN
ENGLAND.
" At my first comming, though I found but one religioun, and
that which by my self is professed, publictlie allowed, and by the
law mainteaned, yitt found I another sort of religioun, besides a
1604. OF THE KIRK OF SCOTLAND. 253
privat sect, lurking within the bowells of this natioim. The first,
is the true religioun, which by me is professed, and by the law
established. The secund, is the falselie called Catholicks, but
truelie Papists. The thrid, which I call a Sect rather than Reli-
gioun, is the Puritans and Novelists, who doe not so farre differ
from us in points of religioun, as in their confused forme of policie
and paritie, being ever discontented with the present governement,
and impatient to suffer anie superioritie ; which maketh their sect
unable to be suffered in anie weill governed commoun wealth.
But as for my course toward them, I remitt it to my proclama-
tiouns made upon that subject.
" And now for the Papists : I must putt a difference betuixt
myne owne privat professioun of myne owne salvatioun, and my
politick governement of the realme for the weale and quietnesse
therof. As for my owne professioun, you have me, your head, now
amongst you, of the same religioun that the bodie is of. As I am
no stranger to you in blood, no more am I a stranger to you in
faith, or in the maters concerning the hous of God. And although
this my ^professioun be according to myne educatioun, wherin,
I thanke God, I sucked the milke of God's truthe, with the milke
of my nurce, yitt doe I heere protest unto you, that I would never
for suche a conceate of constancie, or other prejudicat opinioun,
have so firmelie keeped my first professioun, if I had not found it
agreeable to all reasoun, and to the rule of my conscience. But I
was never violent nor unreasonable in my professioun. I acknow-
ledge the Roman church to be our mother church, although defiled
with some infirmiteis and corruptiouns, as the Jewes were when
they crucified Christ. And as I am no enemie to the life of a
sicke man, becaus I would have his bodie purged of ill humors, no
more am I enemie to their church, becaus I would have them
reforme their errours, not wishing the doun throwing of the temple,
but that it might be purged and cleansed from corruptioun ; other-
wise, how can they wishe us to enter, if their hous be not first
made cleane ? But as I would be laither to dispense in the least
point of myne owne conscience for anie worldlie respect; than the
254 calderwood's historie 1604.
foolishest precisian of them all, so would I be als sorie to straight
the politick governemeut of the bodeis and mindes of all ray sub-
jects to my privat opiniouns. Nay, my minde was ever so free
from persecutioun, or thralling of my subjects in maters of con-
science, as I hope that these of that professioun within this king-
dom have a prooffe since my comming, that I was so farre from
encreassing their burtheins, with Rehoboam, as I have so muche
as ather tyme, occasioun, or law could permitt, lightenned them ;
and even now, at this tyme, have I beene carefull to revise and
consider deej)elie upon the lawes made against them, that some
overture may be projoouned to the present parliament, for cleering
these lawes by reasoun, (which is the soule of the law,) incace they
have beene in tymes past further, or more rigorouslie extended by
judges, than the meaning of the law was, or might tend to the hurt
als Weill of the innocent, as of the guiltie persons.
"And as to the persons of my subjects which are of that pro-
fessioun, I must divide them into two rankes, clericks and laicks.
For the part of the laicks, certanlie, I ever thought them farre
more excusable nor the other sort, becaus that sort of religioun
conteaneth suche an ignorant, doubtfull, and implicite kinde of
faith in the laicks, grounded upon their church, as except they doe
generallie beleeve whatsoever their teachers please to affirme, they
cannot be thought guiltie of these particular points of hereseis and
corruptiouDs, which their teachers doe so willinglie professe. And
again, I must subdivide the same laicks into two rankes ; that is,
ather quiett and weill-minded men, peaceable subjects, who ather
being old, have reteanned their first drunkin liquor, upon a certane
shamefastnesse to be thought curious or changeable ; or being
young men, through evill educatioun, have never beene nurced or
brought up but upon suche venome, in place of wholesome nutri-
ment. And that sort of people, I would be sorie to punish their
bodeis for the errour of their mindes, the reformatioun wherof must
onlie come of God, and the true Spirit. But the other ranke of
laicks, who ather through curiositie, afFectioun of noveltie, or dis-
contentment in their privat humors, have changed their coats, onlie
1C04. OF THE KIRK OF SCOTLAND. 255
to be factious, stirrers of seditloun, and perturbers of the commoun
wealth, their backwardnesse in their religioun giveth a ground to
me, the magistrat, to take the better heed to their proceeding,
and to correct their obstinacie. But for the part of the clerlcks, I
must directlie say and affirme, that als long as they maintcane and
affirme one speciall point of their doctrine, and another point of
their practise, they are no way sufFerable to reraaine in this king-
dom. Their point of doctrine is that arrogant and ambitious supre-
macie of their head, the Pope, whereby he not onlie clames to be
spirituall head of all Christians, but also, to have an imperiall civill
power over all kings and emperours, dethroning and decrowning
princes with his foote, as pleaseth him, and dispensing and dis-
posing of all kingdoms and empyres at his appetite. The other
point which they observe in continuall practise is, the assassinates
and murthers of kings, thinking it no sinne, but rather a mater of
salvatioun, to doe all actiouns of rebellioun and hostilitie against
their naturall soveranelord ; if he be once cursed, his subjects dis-
charged of their fidelitie, and his kingdom givin a prey by that
three-crowned monarch, or rather monster, their head. And in
this point, I have no occasioun to speeke further heere, saving,
that I could Avish from my heart, that it would please God to make
me one of the members of suche a generall Christian unioun in
religioun, as laying wilfulnesse aside on both hands, we might meete
in the midds, which is the center and perfectioun of all things.
For if they would leave, and be ashamed of suche new and grosse
corruptiouns of theirs, as themselves can not mainteane, nor deny
to be worthie of reformatioun, I would for myne owne part be con-
tent to meete them in the mid way, so that all novelteis might be
renounced on either side. For as my faith is the true, ancient,
catholick, and apostolick faith, grounded upon the Scriptures and
expresse Word of God, so will I ever yeeld all reverence to anti-
quitie in the points of ecclesiastical policie, and by that meanes,
sail I ever with God's grace keepe my self from ather being an
heretick in faith, or schismatick in maters of policie.
" But one thing I would have the Papists of this land to be
256 caldeewood's historie 1604.
admonished, that they presume not so muche upon my lenitie,
(becaus I would be lalth to be thought a persecuter,) as therupon
to thinke it lawfull for them, daylie to encreasse their number and
strenth in this kingdom, whereby, if not in my tyme, at least in
the tyme of my posteritie, they might be in hope to erect their
religioun again. No, lett them assure themselves, that as I am a
freind to their persons if they be good subjects, so am I a vowed
enemie, and doe denounce mortall warre to their errours ; and that
as I would be sorie to be drivin by their evill behaviour from the
protectioun and conservatioun of their bodeis and lives, so will I
never ceasse, als farre as I can, to treade doun their errours and
wrong opiniouns. For I could not permitt the increasse and grow-
ing of their religioun, without first betraying of my self and myne
owne conscience : Secundlie, this whole isle, als weill the part 1
am come from, as the part I remaine in, in betraying their liberteis,
and reducing them to the former slavish yoke which both had
castin off before I came amongst them : And, thridlie, the libertie
of the crowne in my posteritie, which I sould leave again under a
new slaverie, having found it left free to me by my predecessors.
And, therefore, would I wish all good subjects that are deceaved
with that corruptioun, first, if they finde anie beginning of instruc-
tioun in themselves of knowledge and love to the truthe, to foster
the same by all lawfull meanes, and to bewar of quenching the
spirit that worketh within them. And if they can find as yitt no
motioun tending that way, to be studious to reade and conferre
with learned men, and to use all suche meanes as may further their
resolutioun ; assuring themselves, that als long as they are discon-
formable in religioun from us, they can not be but halfe my sub-
jects, be able to doe but halfe service, and I to want the best halfe
of them, which is their soules.
" And heere have I occasioun to speeke to you, my lords the
bishops ; for as you, my Lord of Durhame, said verie leamedlie
to-day in your sermoun, ' Correctioun without instructioun is but
a tyrannic,' so ought you, and all the clergie under you, to be
more carefull, vigilant, and diligent than you have beene, to winne
1604. OF THE KIRK OF SCOTLAND. 257
eoules to God, als weill by your exemplaric life as doctrine. And
since you see how carefull they are, spairing nather labour, paines,
nor extreme pcrrell of their persons, to divert, (the devill is so
bussic a bishop,) yee sould be the more carefull and wakefuU in
your charges. Follow the rule prescribed you by St Paul. Be
carefull to exhort and instruct, in seasoun and out of seasoun ; and
where you have beene anie way sluggish before, now wakin your
selves up again with a new diligence in this point ; remitting the
successe to God, who calling them ather at the secund, thrid,
tenth, or twelfth houre, as they are alike welcome to him, so sail
they be to me, his lieutenant heere."
MR WALTER BALCALQUALL ACCUSED.
In this moneth of Marche, Mr Walter Balcalquall was called
before the counseU for admonishing in pulpit, that religioun be not
hurt in the treatie of the unioun of the two natiouns which was in-
tended. Yitt could they not find anie just mater of accusatioun.
A CONVENTION OF THE COJMMISSIONERS OF THE GENERALL
ASSEMBLIE, AND COMMISSIONERS FROM SYNODS.
The synodall assemblie of Fife conveenned at Falkland, directed
commissioners to attend upon the commissioners of the Generall
Assemblie, at the parliament to be holdin in Edinburgh, the 24th
of Apiile. Mr Patrik Galloway, and Mr David Lindsey, Bishop
of Kosse, latelie come from court, reported in a full conventioun
of the commissioners both of the Generall Assemblie and of the
last synods, that they had craved a Generall Assemblie to be con-
vocated before the holding of the parliament ; but the king
answered, it was needelesse, in respect that nothing was to be
treatted at the parliament but the unioun of the two rcalmes,
wherin the kirk had no interesse, and whereby the order and
discipline of our kirk sould no wise be prejudged. The commis-
sioners of the synods answered, that the realmes could not be
VOL. VI. R
258 calderwood's historie 1604.
united, without unioun and conformitie of the kirks, government,
and worship : how could the kirks be united, unlesse the one gave
place to the other ? It was replyed, that nothing was to be done at
this parliament, but choosing of commissioners to treate upon the
unioun, and to report. It was replyed, that commounlie, as maters
were dressed in conferences and treateis, they past in full meetings,
and, therefore, the greatest danger was in the Avant of skill, faith-
fulnesse, watchefulnesse, and good aifectioun in the commissioners.
Who could undertake commissioun in so weightie a mater for the
whole kirk, without directioun and warrant from the Generall
Assemblie ; or who could be called commissioners for anie estat,
or take the charge upon him, unlesse he be chosin, and receave
instructiouns from that estat? It was ansAvered, the parliament
choosed, and the kirk had certan appointed to vote in it. It was
replyed, that suche were ather the old prelats or the ncAv named
bishops. If the old prelats, there have beene exceptiouns, and pro-
testatiouns from tyme to tyme against them, as nather bearing
office in the kirk, nor having commissioun from the same. If new
named bishops, there was an expresse cautioun, discharging them
to presume to propone anie thing in the parliament in name of the
kirk, or anie other conventioun, without expresse warrant and
directioun from the Generall Assemblie, under the paine of depriva-
tioun. This reasoning pleased not the new named bishops, and
suche commissioners as the king confided in, and, therefore, was
lightlie brokin off, and the mater putt off till further advisement.
The commissioners from synods, fearing that the parliament Avould
choose after the commoun maner the Lords of Articles, and they,
commissioners, to treate upon the unioun, purposed to protest in
opin parliament. But being assured again, that the king had pro-
mised to alter nothing in the order and discipline of our kirk,
providing we behaved our selves quietlie at this tyme, and per-
ceaving that the treatie was like to be crossed both in England
and Scotland, they contented themselves with the articles and
advice foUoAving, which was presented to the commissioners of the
Generall Assemblie, with a grave and sharpe admonitioun. It Avas
1604. OF THE KIRK OF SCOTLAND. 259
courteouslle receavcd, notwithstanding of the sharpenesse ; and
they promised to follow it ; and suche as had place promised
faithfullie to putt it in practice.
THE ADVICE OF THE SYNOD OF FIFE GIVIN TO THE COMMISSIONEES
OF THE GENERALL ASSEMBLIE CONVEENNED IN EDINBURGH,
BEFORE THE PARLIAMENT, THE 24tH OF APRILE, 1604.
" Forasmuche as by your missives directed to our presbytereis,
(right reverend and worshipfull brethrein,) we were wairned to
give in our advice to you, before this proclamed parliament, anent
maters to be propouned to the same for the weale of the kirk ; for
discharging of that duetie we have sett doun, and sent to you in
writt by our commissioners, with all heartie salutatioun in Christ,
these articles for our advice following : —
" And first, we thanke God for this purpose of this unioun of
these realmes together, as most lovable and good, in respect, that
alreadie by the professioun of the Gospell, they have beene united
in God these manie yeeres bypast ; and now, by a speciall blessing
of that same Gospell of peace and unioun in Jesus Christ, they are
come under a king, in vertue and graces uncomparable. And,
therefore, we earnestlie wishe the samine, by all good meanes, and
endeavoures of all estats to be prosecuted, namelie, by the eccle-
siasticall, evin till it be effectuated for the establishment and
maintenance of the kingdom of Jesus Christ, which is the kingdom
of true peace and unioun, working sure safetie, and firme weelefare,
to all kings and kingdoms, raigning and standing with Christ and
in him.
" Secundlie, becaus the occasioun of treatie anent this unioun
so happilie of God's good and great providence fallin out, is since
the last Generall Assemblie of the kirk of this realme, yee could
therefore have no warrant, directioun, or informatioun, to deale in
particulars concerning the same, yitt we thinke yee may, and sould
doe this in generall, in name of the said Assemblie ; that is to say,
first, to crave the acts made in favours of the kirk in parliaments
260 calderwood's historie 1604.
preceeding, to be ratified and confirmed of new in this present.
Nixt, solemnelie to protest, that nothing be done by way of com-
missioim or otherwise, at this tyme, whereby anie innovatioun,
alteratioun, hurt, or prejudice ensue, against the present right and
possessioun of the doctrine, discipline, and governeraent of the
kirk and kingdom of Jesus Christ within this reahne, established
by the Word of God, confirmed by the law of the countrie,
breefelie comprehended and published in the king's Majestie's
Confessioun of Faith ; wherunto all his Hienesse's subjects were
moved, with their king and soverane lord, solemnelie to sweare
and subscribe, and the which, his Majestic going to his prosperous
promotioun, most gratiouslie vouchsafed and granted, it sould
injoy peaceablie and unaltered heerafter. And incace there be
anie thing done in the contrare, as God forbid, to protest it be null,
and of no force or effect in it self, in respect that nather the gene-
rail kirk was wairned thereto, nor had directed anie commissioners
theranent.
" Thridlie, that the old petitioun of the Generall Assemblie be
renewed, and so muche the more prescntlie urged as the danger is
great ; to witt, that none vote in name of the kirk, and for the
estat therof in parliament, Avho beare not office within the same,
nor have anie commissioun from it so to doe ; and if they be ad-
mitted to sitt and vote there in that name, to protest it be not
esteemed the vote and judgement of the Kirk of Scotland.
" Fourthlie, forasmuche as it is expresselie by cautioun pro-
vided, that these of the ministrie who, in name of the kirk, are
appointed to vote in parliament, sail not presume at anie tyme in
parliament, counsell, or conventioun, to propone anie thing in name
of the kirk, without expresse directioun and warrant therefra,
nather yitt sail keepe silence in opponing themselves thereto, if
they sail heare or perceave anie thing uttered to the hurt and
prejudice therof, under paine of deprivatiouu ; therefore, we thinke
that yee sould charge the said voters in parliament, in name of
Christ and his kirk, so to doe, under the paine of deprivatiouu,
and farther, ns Christ by his kirk may inflict : and to recommend
1604. OF THE KIRK OF SCOTLAND. 261
to them the order and discipline of the kirk to be weill considered,
studied, and had in memorie, that they may mainteane, and stand
faithfuUie for the same to their uttermost ; remembring that
accompt they must give to the generall kirk of this reahnc, but
namelie, to Jesus Christ, at that generall, great, and glorious
parliament of his last appearance, to judge the quicke and the
dead.
" Fyftlie and last, we most earuestlie beseeke you in the bowells
of Christ, yea, even attesting and adjuring before God and his
elect angells, as yee will make answere to that great Judge to
whom yee must give a compt of your stewartrie, that yee, by these
presents, informe and certifie the commissioners to be chosin in
this present parliament, to treate upon this unioun for the part of
the kh-k ; and so, by them, the king our soverane, his most ex-
cellent Majestic on earth, that we beleeve in our consciences and
heart, instructed, cleered, and assured by the Word of God writtin
in holie Scripture, that the essentiall grounds of the discipline and
governement of the kirk and kingdom of Jesus Christ, established
and in use within this realme of Scotland, is not a thing indifferent
or alterable, but a substantiall part of the Gospell, having the
like warrant as anie point of our faith and religioun ; which to
renounce or passe fra, we will by His grace esteeme als hard, as to
renounce the manifest truthe of God reveeled to us in Scripture,
yea, harder nor to suffer death : which expresselie by these presents
we protest and professe, choosing rather so to doe now before hand,
for the ease and releefe of our consciences, nor over late heereafter,
when as there may be (as God forbid) constitutiouns and lawes
made to the contrare. In witnesse Avhereof, to stand before God
and his kirk, we have subscribed these articles of our advice and
protestatioun, by the hand of our moderator, at our command, and
in our name. Falkland, the eight of Aprile, 1604.
" Mr Jaimes Melvill, Moderator,
" in name of the Synod."
Mr James Melvill at this tyme being assured that the king
262 calderwood's historie 1604.
hated him worst of anie man in Scotland, becaus he crossed all his
turnes, and was a ringleader to others, Mr James answered to the
informer, " My resolution is this : —
" Nee sperans aliquid, nee extimescens,
Exarmaveris impotentis iram."
A PARLIATHENT.
The Erie of Montrose, chanceller, was the king's commissioner
at this parliament. There were foure lords made ; the Maister of
Paisley, Lord Abercorne ; the secretar, Lord Balmerinoth ; the
Laird of Tullibardin, elder, Lord Murrey of Tullibardin ; the Laird
of Wemes, elder. Lord Colvill of Culrosse. Everie one of the
lords had two knights made. Upon the 26th of Aprile, ryding to
the Tolbuith in pompe, the Maister of Montrose went before his
father, the vicegerent, careing in a velvet purse the commissioun.
Angus caned the crowne, INIortoun the scepter, Atholl the sword.
Mr David Lindsey, and his sonne-in-law, Mr Johne Spotswod, raid
as bishops. Huntlie contended for careing the crowne, but ob-
teaned not his intent. The unioun was not agreed unto, nather
in this parliament nor in the English ; wherupon it was continued
according; to the king's directioun till Julie nixt.
THE PEST IN EDINBURGH.
About the beginning of Aprile, the pest entered in Edinburgh,
and infected Mr Johne Hall, one of their ministers his hous. It
spread in May.
A PARLIAMENT HOLDIN AT PERTH.
The parliament was holdin in Perth in Julie, because the pest
was in Edinbvirgh. At this parliament, the commissioners were
chosin to goe to England, to treate upon the unioun. His Majes-
1604. OF THE KIRK OF SCOTLAND. 263
tie, in a letter to the estats, sett doun a leit ; but they made a new
leit of their owne. The barons and burgesses, with some noble-
men, namelie, William Erie of Mortoun, desired a claus to be insert
in the commissioun for the unioun, to witt, for preserving the estat
of religioun in doctrine and discipline, in the owne fredome and
sinceritie. They craved the assistance of the commissioners of the
Generall Assemblie. But they, borne backe by the new named
bishops and agents of the court, had little care therof. This was a
blott of treasoun against the caus ; yitt the Erie of Morton insisted
80 earnestlie in opin parliament, that howbeit the claus was not
insert in the commissioun, yitt, in the first act made in favours of
the kirk, it was provided, that the present state of the Kirk of
Scotland sould no wise be prejudged in doctrine or discipline by
the present commissioun granted for the unioun. The tenour of
the commissioun tuiching the unioun of the two kingdoms is extant
in print among the acts of parliament. In the narrative, it is said
that his Majestie meaneth no way by the unioun to prejudge or
hurt the fundamental! lawes, ancient priviledges, offices, and liber-
teis of this kingdom ; and his intentioun in establishing the fore-
said unioun is onlie to alter and reforme suche indiiferent and
temporal! statuts, particular customes, or special! ordinances,
whereby particular debates and unhappie accidents, which might
disturbs the perfyte amitie betuixt the two natiouns, might be pre-
vented. The names of the commissioners authorized to conferre
and treate with the commissioners appointed by the parliament of
England were these following, or anie twentie of them : Erles,
Montrose, Erroll, Marshall, Glencarne, Linlithquo ; Bishops, Johne
Archbishop of Glasgow, David Bishop of Rosse, George Bishop of
Cathnesse, Walter Pryour of Blantyre ; Patrik Lord Glames,
Alexander Lord Fyvie, president, Robert Lord Roxburgh, James
Lord Abercorne, James Lord Balmerinoth, secretar, David Lord
Skoone ; Sir James Scrimgeour of Duddop, knight, Sir Johne
Cockburne of Ormestoun, Sir Johne Hume of Coldingknowes, Sir
David Carnegie of Kinnaird, Sir Robert Melvill, elder, of Morde-
carnie, knight. Sir Thomas Hammiltoun of Binning, knight, Sir
264 calderwood's historie 1604.
Johne Lermonth of Balcolraie, knight. Sir Alexander Stratoun of
Lawrestoun, knight, Sir Johne Skeene of Curriehill, knight ; Mr
Johne Schairp of Howstoan, lawyer, Mr Thomas Craig, lawyer ;
Henrie Nisbit, George Bruce, Alexander Eutherfurde, Mr Alex-
ander Wedderburne, merchants.
THE GENEEALL ASSEMBLIE FENCED.
The Generall Assemblie was appointed to be holdin at Aber-
deene, the last Tuisday of Julie. Sir David Murray, Lord of
Skoone, and comptroller, brought from court, among other articles,
the continuatioun of the Assemblie, till the unioun was concluded,
and the nixt advei'tisement were sent. The presbyterie of Saint
Andrewes, carcfull to keepe the libertie of the Generall Assemblie,
resolved to keepe the dyet appointed by the last Assemblie, becaus
the warrant of keeping was greater nor the warrant of continua-
tioun ; for we had the Word of God, the lawes of the realme, the
custome of the kirk since the reformatioun, the indictioun of the
last Assemblie with consent of his Majestic. They were at this
tyme the more carefull, becaus all estats were sett to mainteane
their rights and liberteis ; wherupon they directed their commis-
sioners to Aberdeen, and reported their diligence as followeth: —
" At Aberdeene, the last day of Julie, the yeere of God
1604, within St Nicolas parish kirk, of the burgh of
Aberdeen, at foure houres after noone, or thereby, be-
fore these witnesses, — Mrs Peter Blekburne, James
Rosse, Archibald Blekburne, ministers at Aberdeen,
Johne Rough, minister at Wig, Mr Thomas Nicolsone,
commissar of Aberdeen, and George Nicolsone, bur-
gesse of the said burgh.
" The which day, in presence of the witnesses foresaids, and of
us, connoters publict undersubscribing, compeered personallic
within the said parish kirk, Mrs James Melvill, William Areskine,
1604. OF THE KirwK OF SCOTLAND. 265
and William Murrey, ministers of the evangell of Jesus Christ ;
and presented a commissioun givin unto them by their brethrein
of the presbyterie of St Andrewes, whereby they are constituted
commissioners for them for keeping of the Generall Assemblie at
Aberdeene, this moneth of Julie instant ; as the said commissioun,
which was read in audience of us and of the said witnesses, in the
self at more lenth beares, wherof the tenour followeth : —
"At St Andrewes, the 26th day of Julie, 1604 yeeres: The
which day, after the incalling of God, the presbyterie constituted
and appointed their brethrein, Mrs James Melvill, William
Areskine, and William Murrey, their commissioners to the Gene-
rall Assemblie, appointed to be holdin at Aberdeen this moneth ;
giving to them their full commissioun and expresse to passe to
Aberdeen, and there, for the said presbyterie, and in their name,
to reasoun, vote, and conclude in suche things as sail be handled
in the said Assemblie, and to doe whatsomever other things belong
to the weale of the kirk ; promising to ratifie and approve what-
somever their said commissioners sail doe therinto, according to
the AVord of God. In witnesse wherof, they have commanded
their clerk to subscribe this present commissioun, day, yeere, and
place foresaid.
{Sic suhscrihitur) *' Mr Egbert Eough,
" Gierke of the Presbyterie, at command of the same."
" And therewith gave in and presented in writt their protesta-
tioun subsequent, which, siclyke, was read in audience of us and
the said witnesses, and was subscribed with their hands in our
presence, wherof, likewise, the tenour followeth : —
" Forasmuche as albeit the Kirk of Scotland, ever since the
reformatioun of religioun and light of the Gospell, rightlie instructed
and informed thereby, have thought it a most necessar duetie
aughtand to Christ and his kirk, to conveene in their Generall
Assembleis yeerelie, for keeping of the puritie of doctrine, exer-
cising of discipline, and governing of the whole estat tlierof, with
uniforme consent and agreement, lyke as they have beeue in con-
266 calderwood's historie 1604.
tinuall custome, use, and possessioun, to keepe the same invlolablie,
as a clieefe and principall part of the office of the ministrie com-
manded by the Lord Jesus Christ. As also, God has moved the
heart of the king, our soverane, with consent of his Majestie's
estats in parliament, by speciall act and law to ratifie and approve
the same ; granting libertie and freedom to the ministers of the
kirk, to conveene in their Generall Assembleis once in the yeere at
least, and oftener, pro re nata ; and the king's Majestic, of his
speciall care and afifectioun to the kirk of Jesus Christ within his
Hienesse' realme, gave his owne presence at diverse Generall
Assembleis, as at the last, holdin at Halyrudhous ; where certane
greeves being givin in, and, amongst the rest, that the Generall
Assembleis were not ordinarlie keeped, his Majestic, Avith the said
Assemblie, ordeanned that to be amended in tyme comming,
appointing the act of parliament made theranent to be observed,
inserting the verie words of the said act of parliament in the ordi-
nance of the Assemblie ; and according thereto, at the ending of
the same Assemblie, appointed the nixt Generall Assemblie to be
holdin at Aberdeen, the last Tuisday of Julie, in this present yeere
1604 : Neverthelesse, that day now being come and instant, we
found no appearance of keeping of the said appointed Assemblie,
by the presence of the last moderatoi', nor conventioun and meet-
ino- too-ether of brethrein, commissioners directed from provinces
and presbytereis, to the great displeasure and greefe of our hearts,
namelie, in so needfull a tyme, when masses are brokin furth in
diverse parts, ^ and some of the cheefe burghes of the realme, kirks,
and congregatiouns, ly pitifullie unplanted ; a carelesse coldnesse
in all estats, namelie, of the ministrie it self, of the Gospell and
glorie of the Lord Jesus, and atheisme, Avith all kinde of vice
overflowing the face of the land.
" Therefore we, Mrs James Melvill, William Murrey, and
William Areskine, ministers, commissioners appointed by the pres-
byterle of St Andrewes to this present Generall Assemblie, having
' Perth and Linlithquo. — Note in the Orujinal.
1004. OF THE KIRK OF SCOTLAND. 267
preciselle keeped this foresaid day sett for the said Assemblie, and
attended in the kirk of Abcrdeene all the forenoone, without meet-
ing of anie commissioners from other presbytereis ; since we could
doe no more, have thought it our necessar duetie before God and
his angels, and you that are present, to take documents, and make
protestatioun : Lyke as in the hands of you, notars publict, we
take acts, instruments, and documents, that we above-nominated
are heere present, directed in commissioun from our said presby-
terie of St Andrewes, for keeping of the said appointed Generall
Assemblie, on this day, and in this place, so that it desert not, so
farre as lyeth in us ; but may hold and keepe, according to the
Word of God, constitutiouns, and continuall custome of our kirk,
the lawes of the realme, and appointment of the last Generall
Assemblie, wherin the king's Majestic was present. And we pro-
test before God, as said is, that whatsoever skaith, hurt, domage,
or interest, the kirk and kingdom of Jesus Christ within this
realme, in the priviledges, liberteis, and freedom or otherwise, in
the generall or particular estat therof, sail happen to siisteane or
incurre by the overseing, neglecting, and slipping of the said
appointed Assemblie, it be not imputed unto us, nor our said pres-
byterie of St Andrewes : Protesting also expresselie, that the same,
if anie be, may be amended and redressed by remeed of the Word
of God, lawes of the realme, acts and constitutiouns of our kirk,
and old libertie and freedome therof, at suche tyme and place as
God sail thinke convenient.
" Thus protesting, and procuring most instantlie and soleranelie
for the weale, priviledge, and libertie of the said kirk and king-
dom of Jesus Christ established within this realme ; moved and
stirred up thereto for no other cans, as God, the great Judge, sail
judge us, but that we may doe and discharge a most necessar
duetie, for the glorie of Christ, safetie of his kirk, and the ease and
releefe of our conscience, in that great day of his glorious appear-
ance, to call us to an accompt of our ministrie and dispensatioun.
{Sic subscrihitur) " Mr James Melvill.
'« Mr William Areskine.
" Mr WiLLiA^M Murrey."
268 calderwood's historie 1604.
" Which commissioun and protestatioun being read and pre-
sented, as said is, the said Mrs James Melvill, William Areskine,
and William Murrey, made their protestatiouns conforme therunto,
and tooke documents and instruments therupon, in the hands of
us, connotars publict, undersubscribing, day, moneth, yeere, and
place foresaids; and before the Avitnesses abovementiouned, wit-
nessing these our subscriptiouns manuall :
" Ita est Magister Thomas Mollesonus, scriba communis burgi
de Aberdeen, notarius publicus, ac testis ad pr^emissa, requisitus et
rogatus, testan. hac mea subscriptione manuali. Ita est Walterua
Robertsone, scriba substitutus burgi de Aberdeene, connotarius
pubhcus, in pra^missis specialiter requisitus et rogatus, testan. his
meis signo et subscriptione manualibus. Ita est David Marr, con-
notarius, in praemissis rogatus et requisitus, testan. hac mea sub-
Bcriptione manuali."
THE SYNOD OF ABERDEENE.
The Weill affected brethrein of the North perceaving the presby-
terie of St Andrewes to have suche a care of the Generall Assem-
blie, were ashamed of their owne negligence, [and] asked the
advice of the commissioners of the presbyterie. They counselled
them to direct letters and commissioners from their nixt synod,
which was to be holdin at Aberdeene in August, to all the synods
of the realme ; and to requeist them to direct some of their number
to be present at the synod which was to be keeped at St Andrewes
in the moneth of September, where they might lay opin their
greeves, namelie, concerning the Erie of Iluntlie, and crave their
concurrence for a Generall Assemblie. This advice was followed.
THE SYNOD OF LOTHIANE.
The synod of Lothiane held in Tranent the 15th of August.
The two archbishops, Mr Johne Spotswod, and Mr James Law,
were at this synod, where, being cliarged for their indirect dealing
1G04. OF THE KIRK OF SCOTLAND. 2G9
to overthrow the discipline of the kirk, they purged themselves in
opin assemblie, protesting they had no suche intentioun, but onlie
to recover the kirk rents, and therafter they sould submitt the
same unto the assemblie. The brethrein were jealous of them,
notwithstanding of this their protestatioun ; and they were urged
to subscribe the Confessioun of Faith of new, with the rest of their
brethrein : lyke as they subscribed the said Confessioun, printed
at Edinburgh, in folio, by Henrie Charters, the yeere 1596, cum
jmvilegio regali.
The Names of the Subscribers.
DuMBAR Presbyterie — Edward Hepburne, Mr Johne Forrest,
Mr Thomas Hepburne, Mr James Hume, Mr James Young.
Hadintoun Presbyterie — Mr Robert Wallace, Mr Archibald
Oswald, Mr James Carmichaell, Mr Andrew Mackgle, Mr Andrew
Blakhall, Mr Walter Hay, minister at Bothans, Daniel Wallace,
Mr Patrik Carkettill, Mr Johne Adamsone, Mr George Greir, Mr
David Ogill, James Reid.
Dalkeith Presbyterie — Mr Adam Colt, Mr George Ramsay,
Mr Patrick Tumet, Mv William Knox, Mr Archibald Simsone,
Nathaniel Harlaw, Mr James Haistie, Mr William Penman, Luke
Sonsie.
Edinburgh Presbyterie — Mr Walter Balcalquall, Mr Michael
Cranstoun, Mr William Arthure, Mr Henrie Charters, Mr Charles
Lumisden, Mr Richard Thomsone, Mr Henrie Blyth, Mr James
Thomsone, Mr Johne Murrey, Mr Peter Hewat, Mr James Mure-
heid, Mr Richard Dicksone, William Aird, Mr James Bennct.
Linlithquo Presbyterie — Mr Johne Spots wod, Mr James
Law, Mr Alexander Monypennie, William * * * *, Mr Robert
Cornwall, Mr William Powrie.
Peebles Presbyterie — Mr Archibald Dowglas, Mr James
Logane, Mr David Nerne, Mr Archibald Row, j\Ir Gavin Makcall,
INIr Robert Livingstoun, Johne Ker, minister at Lyn.
270 calderwood's historie 1604.
ARTICLES OF PEACE WITH SPAINE.
Articles of peace, intercourse, and commerce, were concluded in
the names of James, King of Great Britane, &c., and Philip the
Thrid, King of Spaine, and Albertus, and Isabella Clara Eugenia,
Archdukes of Austria, Dukes of Burgundie, &c., in a treatie at
Londoun, the 18th day of August, after the old stile, in the yeere
of our Lord 1604, which were translated out of Latine into Eng-
lish, and printed, wheruntb I remitt the reader.
THE SYNOD OF FIFE AND COMMISSIONERS FROM OTHER PARTS.
A great number conveenned at St Andrewes in the moneth of
September, where the Synod of Fife held. Manie gentlemen, and
sindrie commissioners from the synods, namelie, out of the South
and the West, repaired to them. Mr James Melvill, moderator of
the last synod, taught upon the 29tli of Deuteronomie. The Laird
of Lawrestoun, the king's commissioner, being informed that they
meant to keepe a Generall Assemblie, had letters in readinesse
from the counsell to discharge their meeting. But when he heard
the occasioun opened up by the brethrein of Aberdeen synod, and
saw all the proceedings to be after an ordinar and quiet maner, he
approved all, and yeelded to a conventioun to be keeped at Perth.
At this synod, the question was reasouned, whether the Generall
Assemblie might be holdin without craving and obteaning the
king-'s licence. Mr James Melvill said, that besides the warrant
of Christ, the onlie king of his kirk, which is sufficient eneugh, we
have a law for it, which the king himself, in a Generall Assemblie
at Dundie, acknowledged to be the most authentick forme of
licence and consent that a king could give : Possumus quod dejure
possumus. They need not doubt of it, that even as shhefFs and
barons keeped their courts upon the Avarrants of then* gifts and in-
feftments, so might they their Assembleis. The gentlemen
applauded ; but Lawrestoun, the king's commissioner, granting that
1G04. OF THE KIRK OF SCOTLAND. 271
they might, said it was better to have it with his Majestie's consent
and contentment, which he doubted not would be granted, being
sought in due manor ; otherwise it would breed a stirre, and would
be discharged by the counsell. They sould doe welll, therefore, to
make wairning from this synod to the rest of the provinces, to
direct their commissioners to conveene at Perth, with the commis-
sioners of this synod and the commissioners of the Generall
Assemblie, in October. He promised to wairne the commissioners
of the Generall Assemblie to that effect, and to be present himself.
Mr George Gladestains, within fewe dayes after, misreported the
proceedings at Aberdeene and in this synod ; wherupon the king
sent doun to the counsell to charge Mr Andrew^ Melvill, ]\Ir James
Melvill, and some others that came to St Andrewes from other
synods, in waird. But the counsell refused, thinking it a danger-
ous preparative to waird men unheard or uncondemned.
The dyett sett at Petth in October was frequentlie keeped.
The king's commissioner declared the cans of their meeting, and
desired the commissioners from provinces to meete together by
themselves, and to advise upon articles or petitiouns to be sent
■with him to the king, for he was presentlie upon his journey, and
he with the commissioners of the Generall Assemblie would advise
in like manor apart by themselves. The commissioners of the
synods went apart, uttered their greefe to other ; regraited heavilie
the decay of the libertie of the kirk, the usurpatioun of the com-
missioners of the Generall Assemblie, taikiug upon them the whole
rule and governement of the kirk ; the great and manie inconveni-
ences fallin furth thereby in all provinces, the want of a free
Generall Assemblie. But how soone the knowledge of this came
to the commissioners of the Generall Assemblie, they were not
suffered to conveene again apart, but behoved to sitt with them,
or then to be discharged. Manie would have continued their
meeting apart, but the greatest part left them ; therefore, least they
sould seeme singular, or authors of schisme, they satt doun wath
the rest.
Two greevances speciallie they harped upon : One, that the
272 calderwood's histokie 1604.
commissioners last chosin in the Generall Assemblie, or rather,
some few of their number, arrogated unto themselves the whole
governement of the kirk and power of the Generall Assemblie ; did
and undid in name therof as they pleased, and redacted the kirk to
an oligarchic, notwithstanding that the tyme appointed for the nixt
Generall Assemblie being past, their commissioun ceassed, seing it
was givin to endure but onlie from one Assemblie to another. The
other, that they saw the new named bishops take upon them ambi-
tiouslie to reasoun and vote in parliament, without anie commis-
sioun from the kirk, to the great shame of the khk in her
estimatioun, and hurt in her patrimonie. They answered to the
first, their commissioun was to continue till the nixt Assemblie,
which keeped not : it was not so muche their desire to remaine
commissioners, for they were wearie of the office, but the king
would acknowledge no other to deale with, and that they would
find, if they attempted anie thing without them. To the nixt —
that if the bishops have done anie thing contrare to their cautiouus,
and ordinance of the Generall Assemblie, they sould find the com-
missioners als severe ccnsurers as anie other. Mr Patrik Galloway,
moderator of the meeting, spake verie largelie, and after him,
everie one of the commissioners and bishops there present, striving
who might be most zealous against bishops, in breaking the
cautiouns. Mr George Grahame, who had entered in the
bishoprick of Dumblaue without acknowledging the kirk, against
manie his promises made in the contrare in opin Assembleis, said
at this tyme, " 1 would he were hanged above all theeves, that
preasseth not to the uttermost to see these cautiouns keeped, to
keepe out of the kirk the corruptiouns, pride, and tyrannic of
bishops ! " It was replyed, there was never a jote of the cautiouns
keeped, ather in the entrie or behaviour of the bishops : they
deserted their flockes, posted to court, and came home Lord
Bishops, Mr Johne Spotswod, Mr Alexander Forbesse, and others,
&c., which they offered presentlie to prove. The replyers were desired
to reserve their greeves to the Generall Assemblie, wherat, if
they gott not concurrence of the commissioners of the Generall
1604. OF THE KIRK OF SCOTLAND. 273
Assemblle, as they had there professed and promised, they sould
never be esteemed as brethrein again. It was answered, that all
greeves were remitted to a General! Assemblle, and in the meanc
tyme, suche as feared controlment, and had credit at court, procured
continuatioun and drifting, till custome had corroborated cori'up-
tioun, and moyen were made even among the ministrie, for their
advancement and standing betuixt them and Christ by it, when he
sould call them to a compt.
In end, some petitiouns were agreed upon, to be directed to the
king by his Hienesse' commissioner, who promised fidelitie in that
behalfe : 1. Craving a Generall Assemblle might be keeped with-
out his Majestie's offence, according to the act of parliament, and
custome of our kirk. 2. That order might be taikin with the
Papists and contemners of the kirk's discipline and censures. 3.
That the godlie and faithfuU brethrein in England persecuted by
the bishops might find^ favour with his Majestic, and be tolerated
in their offices and livings. To the which, the court clawbackes
oppouned profanelie and ridiculouslie, till they were dashed and
putt to silence by the good brethrein. 4. Anent the platt and
helping of brethrein who had beene greatlie hurt at the last modi-
ficatioun, namelie, in the pryourie of St Andrewes.
MEETING OF COHIMISSIONEIIS FOR THE UNIOUN.
About the beginning of October, the Scotish commissioners
tooke their journey towards England, and there conferred upon
sindrie maters which concerned the Unioun. Some gott rewards,
some none. They agreed upon a forme to please the king ; but it
was not solide and sure, and therefore little effect followed ther-
upon. Upon the Lord's day, the 15th of December, Mr Johne
Spotswod, bishop of Glasgow, returning from court, road out of
Hadintoun, when the people were going to the fore noone sermoun.
VOL. VI. s
274 caldekwood's historie 1605.
M.DC.V.
OFFICERS OF ESTAT CHANGED.
The Erie of Montrose, and Alexander Setoun, President of tlie
Sessioun, being in England, as commissioners for the Unioun with
the rest, the Erie of Montrose was urged to dimitt the chancellarie
to the president. In recompence for his dimissioun, he was made
the king's commissioner, when great occasiouns required. Mr
James Elphinstoun, secretare, was made president, and reteaned
neverthelesse the office of secretare.
PROCESSE OF EXCOMMUNICATION AGAINST HUNTLIE STATED.
In the moneth of Februar, Mr Charles Fairholme and Mr Johne
Forbesse compeared before the counsell against the Erie of Huntlie,
to justifie their processe of excommunicatioun against him. Upon
the promise of his offers to be made to the synod of Aberdeene,
the mater was differed. The Lord Newbottle being vice-chancel-
ler for the tyme, produced a vile letter directed from Lawrestoun
to the counsell, for letters of horning, wairding, banishing the
brethrein of the North, if they would not desist from their pro-
ceeding against the Marquesse, so reasonable a man. The Erie
did nothing but mocke the brethrein, making his offers he would
not subscribe himself, but bade his man subscribe for him. And
yitt the Secreit Counsell discharged the brethrein to proceed
against him.
THE COMMISSIONERS PRONOUNCE SENTENCE AGAINST MR R. BRUCE.
Mr Kobert Bruce, the yeere of the king's departure out of the
countrie, gott peace and rest. But the yeere following, he was
threatned of new for the mater of Gowrie, to be deprived of life,
living, and stipend. He was verie farre cast doun, whill he was
ryding to Stirline, to fetche the Erie of Cassils to his hous. It
1605. OF THE KIRK OF SCOTLAND. 275
pleased the Lord that night to give him a confortable visioun in
his sleep. He recommended his cace to God, and so fell a sleepe.
He saw great difficulteis presented to him, and it behoved him
ather to passe through them, or to dee by the way. At the last,
he resolved to hazard in God's obedience ; and whill he was pass-
ing through, he feeleth a motioun in his heart, moving him to say,
" In and through Michael, the captan of the Lord of Hoasts, I sail
prevaile : O Michael, Michael ! who is like the strong God ? " Mr
Robert was greatlie conforted with this, and putt it in writt when
he awaked. This yeere, the commissioners of the Generall As-
semblie directed summouns, wairning him to compecre at Edin-
burgh, the 27th of Februar, to see and heare himself removed from
his functioun in Edinburgh. He compeered before them, and
tooke Mr Thomas Gray with him ; but none gott accesse but him-
self. After long reasoning, they removed him. He appealed
from their sentence. They inhibited him to preache therafter.
He obeyed not. The Laird of Lawrestoun, commissioner, had
commissioun from the king to see the sentence of removall pro-
nounced against him.
CHANCELLER SETON RETURNETH FROM COURT.
The last of Februar, the chanceller, wdio before was president,
came to Edinburgh out of England, convoyed with manie people
of all rankes. No subject was scene before to come accompanied
to Edinburgh after the maner.
MR J. FORBESSE SENT TO THE KING.
In the moneth of Marche, Mr Johne Forbesse went in commis-
sioun from the brethrein of the North, by advice of the counsell, to
the king ; was weill accepted, and sent backe with diligence, with
letters and credit against the Erie of Huntlie, and all other Papists ;
and with certificatioun of the king's constancie in that religioun he
was brought up in. And as for the order of our kirk, that he was
276 calderwood's historie 1605.
not minded to alter anie thing therin ; but his will and pleasure
was we sould keepe the acts of parliament, and constitutiouns of
our Generall Assembleis, namelie, these wherat his Majestie was
present. He commanded Mr Johne to certifie the brethrein, that
this was his minde. But the effects soone after bewrayed what
was in his minde indeid.
THE SYNOD OF FIFE.
Upon the last of Aprile, the synod of Fife held in Bruntiland.
Mr WiUiam Scot, moderator, taught powerfullie against the cor-
ruptiouns entered in our kirk. Mr James Melvill wrote to this
synod as followeth : —
MR JAMES MELVILL's LETTER TO THE SYNOD OF FIFE.
Gal. V. 1. — " Stand fast in the libertie ivherewith Christ has
made us free, and he not entangled again with the yoke of
boundageJ*
" Brethrein, — Albeit my excuse be notorious, yitt I would keepe
order, excusing my absence by writt, which I could not send
emptie, but to supplee my absence as possible. So these are the
points I thinke of, not doubting but yee are about the same in your
consideratioun, even farther nor I can be.
" First, I would have publict thanksgiving to God in this Assem-
blie, and all our congregatiouns, by directioun therefra, that in this
treatie of unioun, and otherwise, the king our soverane has declared
his minde, not to alter the order and governement of our kirk left
established by his Majestie, both in his Hienesse' parliaments and
our Generall Assembleis ; lyke as of late, his Majestie has willed
our brother, Mr Johne Forbesse, minister at Afurd, to show us
that his Hienesse' will is, that we keepe the acts of parliament, and
constitutiouns of the Assembleis where his Majestie was present ;
for the which, lett us be instant in prayer to God for liis Majestie's
1605. OF THE KIRK OF SCOTLAND. 277
prcservatioun both in publlct and privat, with most loving and
thankful! hearts.
" Nixt, we have to take heed, least these politick bishops breake
the cancells of our cautiouns, and encroache upon the freedome of
our ministrie : for they that are accustomed with lordships, honour,
and ruling in policie, will thinke them contemned, if they be not
respected among the brethrein also. And unlesse hand be holdin
thereto in commoun, the good brethrein that keepe the lawfuU
and humble brotherlie forme with them will be remembred, and
find it in tlieir dish at court, platt, sessioun, &c.
" Thridlie, I would we were wau-ned and stirred up to know
better and better the warrants of our governement and discipline,
out of the Word of God, to be enarmed against the day of our
tryell, where-under our nighbours in England are ; and to be
carefuU to practise all the parts of our dueteis, so long as we have
occasioun in our Assembleis, presbytereis, congregatiouns, and con-
cerning our owne famileis and persons in particular. And I
beseeke you, deere brethrein, lett it be leasome to me, without
offence, and for amendiment, to use the words of one of the
Ancients, used by our Calvine against the papisticall hierarchic :
' Flens dico, gemens denuncio, quia cum sacerdotalis ordo intus
cecidit, foris diu stare non potest. Quin potius impleri in illis
oportuit, quod de talibus ait Malachias : Vos reressistis de via, et
offendere fecistis in lege plurimos. Itaque, irritum fecistis pactum
Levi, dicit Dominus. Propterea, ecce, ego vos dedi conteraptibiles
orani populo.'
" Fourthlie, I would wishe you to take to heart the negligent
slipping of the last day appointed for the Generall Assemblie that
sould have beene holdin at Aberdeen, for the which we had all
kinde of warrants ; God's Word, our owne constitutiouns, the
lawes of the realme, the king's consent, and the appointment of
the last Assemblie ; and nothing in the contrarie, but I wote not
what privat alledged article ; that this nixt be not slipped siclyke,
appointed by the commissioners' bill, to the first day of Julie
nixtocum. And so, by beastlie negligence, we losse all our kirk
278 calderwood's historie 1605.
governement, and become a subject of God's wrathe, and shame to
the world.
" Fyfthe, forgett not the estat of our persecuted brethrein in
England, but recommend them to God in prayer, and discharge
whatsoever duetie of mercie and charitie required, according to
power ; becaus they have the cans of the sinceritie of the Gospell,
and libertie of Christ Jesus' kingdom commoun with us, and we
wote not when we will be putt at our selves. As we would then
wish to have confort, lett us minister it now, Avhen there is need.
" Sixtlie, take order, that the coUectioun for Geneva be made in
the other two presbytereis, as in St Andrewes and Cowper, and
how it may be imployed convenientlie for the use appointed.
" Seventhlie and last, being encom^aged by the blessing of God
upon your travells for the ministrie of Cowper and Dysert, goe
fordward, and leave not off, till Kirkaldie and Kingorne be helped
also.
" Now, the God of all spirits be with your spirits, for the glorie
of his Christ, by the working of that Spirit which proceeds from
them ; to the which be all praise, honour and glorie, for ever.
Amen."
The king's commissioner, the Laird of Lawrestoun, was present,
and promised to deale earnestlie with the king, for license to keepe
the nixt ensuing Generall Assemblie.
A COXVEXTION.
A conventioun of the nobilitie Avas holdin at Edinburgh in Junle.
Manie things were to be propouned, but stayed, because of the fre-
quent number of noblemen whose oppositiouu was feared.
MR R. BRUCE rORBIDDLN TO PREACHE.
In the moneth of Julie, Chanceller Setoun sent for Mr Robert
Bruce, advertised him that he had gottin command from the king
to discharge him from teaching ; yitt, he said, he would not use
1605. OP THE KIRK OF SCOTLAND. 279
his authoritie, but would requeist him to desist for nyne or ten
dayes, that he may gett a new answere from court. Mr Eobert
thought the mater so meane, and the tyme so short, that he con-
descended. But that night, his unadvised answere mett him, and
in his sleepe the Lord wakenned his conscience, and made his con-
science accuse him, and cry out against him, after this maner :
" How durst yee make a promise ? Who gave thee power to make
a promise ? Sould yee not have advised Avith my mouth, and have
had my warrant ?" He confessed his fault, and craved mercie ; yitt
the trouble of his minde continued and increassed, so that it cast
his bodie in a fever, and made him to vomite. Yitt in the morn-
ing it pleased God to releeve him ; for he promised faithfullie
never to obey that commandement anie more. Als soone as he
went home, that same verie weeke he preached in the wood-side,
and in presence of the Lord Elphinstoun and his ladie, in the
gairdin ; for the Lord had visited him with the pest.
THE ASSEMBLIE OF ABERDEEN INDICTED.
The great commissioner, Lawriestoun, with the commissioners
of the Generall Assemblie, had writtin to all the presbytereis for
keeping of a Generall Assemblie at Aberdeen, the secund of Julie.
The missives directed to the presbytereis, subscribed by Richard
Thomsone, clerk to the commissioners of the Generall Assemblie,
differed In the day. In the missives directed to the North was
appointed the secund day of Julie ; in the missives directed to the
South the fyft day. This was done of purpose, that the brethrein
sould not meete together ; therefore, some came the secund day,
some the fyft day. Their proceedings may be gathered out of this
note follomng : —
MR J. FORBESSE CHOSIN MODERATOR.
" At Aberdeene, the secund day of Julie, 1605.
" The which day, diverse and sindrie brethrein, from slndrle and
280 calderwood's historie 1605.
diverse places and provinces of the land, instructed with sufficient
commissiouns from their presbytereis, to reason, vote, and conclude
in the Generall Assemblie, appointed by his Majestie's commis-
sioner, and commissioners of the Generall Assemblie, with con-
tinuatioun, directed from Perth the 4th of Julie, the yeere of God
1604, subscribed by his Majestie's commissioner, the Laird of
Lawrestoun, and Mr Patrik Galloway, moderator of the last Gene-
rall Assemblie holdin at Halyrudhous, and Richard Thomsone, as
clerk to the commissioners, to be and beginne at Aberdeen, the
first Tuisday of Julie, 1605 yeeres, if by sooner advertisement it
can not being lawfullie assembled upon the said warrant and direc-
tioun, according to the warrant of the Word of God, lawes of the
countrie, and continuall custome of the Kirk of God therin : after
incalling of the name of God by Mr David Rait, in absence of the
last moderator, Mr Patrik Galloway, Mrs Robert Durie, Johne
JNIonro, Johne Forbesse, being putt on leit, Mr Johne Forbesse,
with uniforme consent of the whole brethrein, was chosin mode-
rator, his Majestie's commissioner, the Laird of Lawrestoun, having
first nominated the said Mr Johne to be mouth to the rest ; and
Mr Johne Schairp, in absence of Mr Thomas Nicolsone, with con-
sent of the whole brethrein, was nominated and chosin clerk."
The same day, his Majestie's commissioner having fix'st, by
word, declared the desire of his Majestie's Secreit Counsell, tuiching
the said meeting, did give in a letter directed from the said lords
of his Majestie's counsell, to the brethrein of the said ministers
couveenned at the said Assemblie, the tenor and contents wherof
followeth : —
THE COUNSELL'S LETTER TO THE BRETHREIN CONVEENNED AT
ABERDEEN.
" Trust Freinds, — After our heartilie salutatiouns : Hearing
that yee have appointed an Assemblie to be holdin and keeped
there at Aberdeen, in the moneth of Julie nixtocum, whereby
the king's Majestic may take some occasioun of offence against
1605. OF THE KIRK OF SCOTLAND. 281
you, seing nather has his Majestie beene made privie to your reso-
hitioun, nor yitt has his Hienesse' consent and allowance beene
sought and obteaned to that effect, according to the law and
custome inviolablie observed these manie yeeres bygane : We have
therefore thought meete heereby to advertise you, to consider this
mater as apperteaneth, and wiselie to foresee what prejudice suche
rash and unadvised proceedings may draw upon your estat. For
we are perswaded, if yee proceed to the holding of the Assemblie,
without his Majestie's approbatioun and allowance, that his Hie-
nesse will verie hardlie digest that mater, and will accompt the
same as a contempt tuiching his Majestie in a high degree. And,
therefore, it is our will and pleasure, and we thinke it meete and
expedient for your owne weale, the peace of the kirk, and for
interteaning and cherishing that Christian harmonic which sould
be betuixt his Majestie and you, that yee dissolve your selves,
repaire everie one to his owne hous and calling, and suffer this
meeting to desert ; and before yee appoint anie new meeting or
Assemblie, that yee acquaint his Majestie therewith, whereby, as
yee sail testifie your obedience and conformitie to his Majestie's
will and his lawes, so, we doubt not, but his Majestie, upon your
owne sute and supplicatioun, will in reasoun give you contentment
and satisfactioun heerin. We have at greater lenth communicated
our mindes in this mater to the Laird of Lawrestoun, one of his
Majestie's Privie Counsell, who Avill at lenth impart the same to
you. And so we committ you to God. From Edinburgh, the
20thof Junie 1605.
" Your good freinds,
(^Sic suhscrihitur) " Montrose, Commissioner.
'* Alext^jstder, Cancellarius.
" Blantyre, Secretar.
" Prestoun.
" COCKBURNE."
282 calderwood's iiistorie 1605.
THE ASSEMBLIE CONTINUED TILL SEPTEMBER.
"Which letters, and desire therin conteaned, with the sute and
desire of his Majestie's commissioner agreing thereto, being
rypelie considered by the said Assembhe ; and having weyghed
the Aveightinesse of the effaires necessarie to be intreated, and
rarenesse of their owne number, diverse of the commissioners
being stayed by the tempest of weather ; and willing then, as at
all tymes, to witnesse their willingnesse to satisfie his Majestic
and Lords of the Secreit Counsell, in all their reasonable desires,
so farre furth as might stand with the AVord of God, and testimonie
of a good conscience, thought raeete and expedient to continue
the treating of the effaires perteaning to the said Assemblie to the
last Tuisday of September following, and to dissolve for the
present, according to the sute and desire of the letter foresaid ;
and ordeans intimatioun and wairning to be made to all the presby-
tcreis within the land, to choose their commissioners, and to send
them, authorized with power, to the said Assemblie to be holdin
at Aberdeene, the last Tuisday of September nixtocum, anno 1605.
After the which ordinance, his Majestie's commissioner made pro-
testatioun, that from the beginning, he did not acknowledge the
present meeting for a lawfull Assemblie, in respect of the absence
of the last moderator, and clerk ordinar. The moderator, in name
of the brethrein, protested again, that the said meeting was, and
behoved to be, a lawfull Assemblie, in respect of the warrant of
their meeting the said day before specified, the directioun of the
Word of God, the lawes of the land, and continuall custome of the
kirk. Which being done, the said commissioner caused charge
the brethrein there assembled to suffer the said Assemblie to
desert, under the paine of horning, by Johne Wishart, messinger ;
who delivered a subscribed copie of the said charge to the mode-
rator, in name of the w^hole, the tenour wherof followeth : —
1605. OF THE KIRK OF SCOTLAND. 283
THE king's CHAEGE TO DISSOLVE THE ASSEMBLIE.
" James, by the grace of God, &c. Forasmuche as albeit we
have signified our will and pleasure, that we can not be resolved
anent the Generall Assemblie before the approaching parliament,
and the parliament being ended, that we will have occasioun to
direct the most expedient in that mater for the weale of the kirk ;
neverthelesse, we and the Lords of our Secreit Counsell are in-
formed, that in this meane tyme, there is a generall conventioun
and assemblie of the ministrie appointed to be holdin at our burgh
of Aberdeen, in the moneth of Julie nixtocum, whereat a number
of the ministrie of this our realme intends to be present, we being
no wise acquainted, nor made foreseene therof, nor yitt our con-
sent and allowance being had and obteaned to that effect, accord-
ing to the lawes, acts, and constitutiouns made theranent, and to
the custome observed heerin these manie yeeres bygane ; whereby
our directiouns and commandements in this mater will be violated,
highlie to the offence and contempt of us, our authoritie, and
lawes. Our will is heerefore, and we charge you straitlie and com-
mand, that incontinent these our letters scene, yee passe, and in
our name and authoritie, command and charge the whole ministrie
who sail happin to conveene to the said Assemblie personallie, if
they can be apprehended, and failing therof, by opin proclama-
tioun at the Mercat Croce of Aberdeene, that they suffer the said
Assemblie to desert, repaire everie one to his owne dwelling and
charge ; and that they in no wise presume nor take upon hand to
conveene and assemble themselves together in anie place, for keep-
ing of the said Assemblie, under the paine of rebellioun, and
putting of them to our home ; with certificatioun and they failyie,
they sail be denounced rebells, and putt to our home. As also,
that yee command and charge the proveist and bailliffes of our
said burgh of Aberdeen, that they suffer no suche Assemblie, con-
ventioun, or meeting of the ministrie, to be keeped within their
toun, as the said proveist and bailliffes will answere to us and our
284 calderwood's historie 1605.
Secreit Counsel!, upon their duetlfull discharge of their office.
The which to doe," &c.
THE ASSEMBLIE DISSOLVETH.
Which being read and considered, the said moderator, at com-
mand of the brethrein, tooke document and note in the hand of
the said Johne Wishart, being a notar-publict, that they were
readie instantlie to obey the tenour of the said charge. The said
Johne refusing the benefite of his office in that part, the moderator,
with the rest of the brethrein, after incalling of the name of God,
dissolved, and departed out of the kirk, for obedience to his
Majestie's charge ; and the said moderator, with the remanent
brethrein, past immediatlie to the commoun clerk's chamber of
the said burgh, and there tooke documents in the hands of Mr
Thomas Mollesone, commoun clerk, the tenour wherof folio weth : —
DOCUMENTS TAIKIN OF OBEDIENCE TO THE CHARGE.
'' At Aberdeene, the secund day of Julie, the yeere of God
1G05, in the commoun ^clerk's writting chamber of the burgh of
Aberdeene, at halfe houre to five, after noone, or thereby, in pre-
sence of us, connotars and witnesses underwrittin, compeered
personallie the commissioners of the ministrie of this realme after
following : — They are to say, Mr Robert Durie, minister at An-
struther, Mr Andrew Duncan, minister at Carraill, Mr Johne
Schairp, minister at Kilmenie, Mr Alexander Strauchane, minister
at Creich, Mr Johne Forbesse, minister at Afurde, Mr William
Forbesse, minister at Kinbethocke, Mr James Irwing, minister at
Tuiche, Mr Robert Youngsone, minister at Clatt, Mr Robert Reid,
minister at Bancherie-Trinitie, Mr Charles Farholme, minister at
Fraserburgh, Mr William Davidsone, minister at Rathen, Mr
David Robertsone, minister at Rugley, Mr Johne Munro, minister
at Tane, Mr Archibald Blekburne, minister at Aberdeene, Mr
James Rosse, minister there, and Johne Rough, minister at Nige j
1605. OF THE KIRK OF SCOTLAND. 285
and alledged, that they being conveenned in the sessloun-hous of
the ku'k of this burgh of Aberdeene, this day, as at the appointed
day and place for holding the General! Asserablie of the ministrie
of this realme, they were charged by Johne Wishart, messinger,
by vertue of his Majestie's letters givin by act of his Hienesse'
Secreit Counsell, of the date, at Edinburgh, the 20th day of Junie
last bypast, within the space of a quarter of an houre since, that
they sould suffer their Assemblie to desert, repaire everie one of
them to their owne dwelling and charge, and that they on no wise
presume, nor take upon hand to conveene nor assemble themselves
in anie place, for keeping of the said Assemblie, under the paine
of horning ; as the copie of the said letters, which they shew to
us, connoters and witnesses underwrittin, subscribed, as appeared,
by the said Johne Wishart, messinger, proports ; and that for
obedience to the command and charge of the said letters, they
instantlie after the giving of the said charge dissolved without anie
farther actioun, and came iramediatlie furth of the said sessioun-
hous and kirk, to the said commoun clerk's chamber, at the west
end of the Tolbuith of the said burgh, as to the most publict place,
to take notes and instruments of their obedience to the command
and charge of the said letters, and dissolving of the said Assemblie,
in the hands of us connoters undersubscrybing ; and heerupon,
they craved and tooke instruments, day, moneth, houre, yeere, and
place foresaids, before these witnesses, Alexander Forbesse of
Fingask, David Ronaldsone, Johne TullidafF, Mathew Donald
sone ; Johne Kemp, baker, Alexander Thomsone, skinner, bur-
gesses of Aberdeen ; Mr George Spence, servitour to the said Mr
Johne Forbesse, and Thomas Forbesse, sonne to Thomas Forbesse,
elder, burgesse of Aberdeene.
(^Sic suhscribitur)
" Ita est Magister Thomas Mollesonus, scriba communis
de Aberdeen.
" Ita est AYalterus Robertsone, scriba substitutus burg^
de Aberdeen.
" Mr Johne Schairp, Clerk to the Assemblie."
286 calderwood's historie 1605.
MR J. FORBESSE AND MR J. WELSH WAIRDED.
Upon the Fryday therafter came a number of commissioners
from presbytereis of diverse provinces, viz., from Carict, Kyle,
Cuninghame, Merce, Lotbiane, Stratherne. They were partlie
hindered by spaits of waters, partlie deceaved by the commission-
ers' missives sent to their presbyteries, that they keeped not the
secund day of the moneth. When they understood and considered
the doing of the former brethrein, they approved the same, and
directed with diligence their proceedings to the Secreit Counsell.
The king's commissioner, Lawrestoun, whether moved by the
spirit of lees, or politicklie intysed and corrupted, to take occasioun
of this accident to undoe the Generall Assembleis, and whole
libertie of the kirk, God knowes ; but certanelie, he reported a great
lee, to witt, that he had discharged the meeting of these ministers,
by opin proclamatioun at the Mercat Croce of Aberdeene, the day
before they assembled ; and notwithstanding therof, in manifest
contempt of the king's authoritie, they keeped the Assemblies He
was not able to produce one man in all Aberdeene to verifie this
lee ; yitt, neverthelesse, the counsell ordeans that all these breth-
rein sail be denounced rebells, and putt to the home. But per-
ceaving that that would want the ground of lawfull charging, and
hearino" that Mr Johne Forbesse and Mr Johne Welshe were in
Edinburo-h, they wairned them by a macer to compeere before the
counsell; and after some interrogatiouns, shew them the king's
will was they sould enter in waird in the Castell of Blacknesse,
till his Majestic sent his nixt directioun. The counsell was con-
veenned betuixt six and seven in the morning, to eshew the opposi-
tioun of the nobilltie ; who meeting at the ordinarie houre of
counsell, reasouned honestlie for the brethrein. Now, that which
is most to be lamented, there were certane of the ministrie present,
with the few court counsellers, who consented to the wairding of
their brethrein, viz., Mr Patrik Galloway, Mr Johne Hall, and
James Nicolsone. And so, Mr Johne Forbesse, moderator, and
1605. OF THE KIRK OF SCOTLAND. 287
Mr Jolme Welshe, after they had beene a night in the Castell of
Edinburgh, were transported to the dungeoun of Blacknesse, on
Fryday the 27th of Julie. None were suffered to enter with
them, or come neere them.
THE EEST CHARGED.
Copie of the Letters icherewith the rest icere charged.
"James, by the grace of God, King of, &c. Our will is, and
we straitlie charge you and command, that incontinent thir our
letters scene, yee passe, and in our name and authoritie command
and charge Mr Robert Durie, minister at Anstruther, Mr Johne
Schairp, minister at Kilmenie, Mr Andrew Duncan, minister at
Carraill, Mr Alexander Strauchane, minister at Creich, &c., to
compeere personallie before the Lords of Secreit Counsell at Edin-
bui'gh, or where it sail happin to be for the tyrae, upon the first
day of August nixtocum, to answere to suche things as sail be
demanded of them, and layed to their charge, tuiching the lawfull
Assemblie holdin at Aberdeene in the moneth of Julie instant ;
and what was their behaviour in that Assemblie, what has beene
directed, proceeded, and followed therupon sensyne ; and to underly
suche order as sail be tane theranent, under the paine of rebellioun
and putting of them to our home. With certificatioun, &c. At
Edinburgh, the 16th of Julie."
OTHER MINISTERS WAIRDED IN BLACKNESSE.
They compeered, stood honestlie to their proceedings, and were
caried incontinent to Blacknesse. Within two dayes the pest
brake up in Edinburgh, Leith, St Andrewes, and other parts.
The chanceller's hous was infected ; his eldest sonne, and his
brother daughter, a young damsell, died. A byle brake furth on
his owne daughter. He was forced to dissolve his familie. He
was beaten by the curse pronounced by Josuah upon the builders
of Jericho. Mr Robert Durie, Mr Andrew Duncan, Mr Alexander
Strauchane, Mr Johne Schairp, after they presented themselves to
288 calderwood's historie 1605.
the counsell, were wairded in Blacknesse, with Mr Johne Forbesse
and Mr Johne Welshe. The brethrein of the North, all save Mr
Johne Forbesse, were denounced to the home.
THE HOLDING OF THE NIXT ASSEMBLIE DISCHARGED.
Upon the 25th of Julie, there was published a proclamatioun,
that a few ministers, not content to continue in the good order
wherin the kirk had floorished manie yeeres, had of late, in a mani-
fest contempt and misregard of the king, conveenned themselves at
Aberdeen, and there holdin an Assemblie, and appointed a new
Assemblie to be holdin the last Tuisday of September nixtocum,
without anie lawfull warrant, power, or commissioun for that effect :
Therefore, commanding, charging, and inhibiting the proveist and
bailliffes of Aberdeene, and of all other burghes and villages, that
they suffer no minister to come within their bounds for that effect
the said day, nor eight dayes before nor after. And siclyke, all
noblemen, barons, and gentlemen, presbytereis and sessiouns, ma-
gistrats, inhabitants of touns, burrows, and villages, that they direct
no commissioners, nor repaire themselves therunto, under paine of
convocatioun of the king's leiges and horning, etc.
In the first part of this proclamatioun, the king professeth he
had givin so manie prooffes and testimoneis of his sinceritie in the
true and Christiane religioun, wherin he was trained up, and wherof
he had made a constant professioun during the whole course of his
life ; and had authorized the professors of the said religioun, and
ministers therof, with manie favourable acts and constitutiouns,
als Weill for the maintenance of the discipline, as for repressing
and extinguishing all contrarie professioun, so that everie weill
affected subject, of whatsomever degree or calling, but speciallie
these of the ministrie, have most just cans to expect assuredlie,
that that stedfast course will be still keeped by him, which is
alwayes meetest for the glorie of God, and continuance of the
peace and quietnesse of the kirk.
This was to take away all suspiciounof anie intended alteratioun
iii the kirk.
1G05. OF THE KIRK OF SCOTLAND. 289
Upon the eight day of August, immediatly therafter, was pub-
lished another proclamation, the tenour wherof followeth : —
A CHARGE INHIBITING THE APPROBATION OF THE ASSEMBLIE
AT ABERDEEN.
" James, etc. Forasrauche as we, by a speciall article signetted
with our owne hand, and sent home with the Laird of Laurcstoun,
our commissioner, signified our will and pleasure, that we, for
manic causes, could not be resolved anent the tyme of the Generall
Assemblie, before the approaching parliament ; and that in vertue
of the said warrant, the commissioners of the Generall Assemblie,
according to our pleasure, acquainted the presbytereis of our
realme with our commandement in that mater, and willed and
desired them to forbeare all conveening, meeting, or keeping of
the said Assemblie : nevcrthelesse, a verie few number of the
ministrie, led with the spirit of disobedience and contempt of all
lawfull authoritie, most unlawfuUie and contemptouslie conveened
themselves within our burgh of Aberdeen, upon the secund day of
Julie last ; and misregarding the former discharge givin to their
presbytereis, the letters of horning executed against themselves,
with our counsell's missive letter delivered to them by our said
commissioner, they proceeded to the holding of an Assemblie in
suche forme, as nather the absence of the best of the ministrie, who
would attempt nothing might be offensive to us, or prejudicial! to
the authoritie of a lawfull and solemne meeting of an assemblie,
nor the disassenting of our commissioner, that anie thing sould be
done therin, could make them to dissolve, whill first they had
made electioun of their moderator, and appointed a new day to
their nixt Assemblie. And they knowing, that their inordinat
meeting, which was assisted with so few a number of the ministrie,
and that of the most ignorant and least accompt, could not have
the ground and warrant of a lawfull Assemblie, and that there
could not be anie law, practick, or custome of anie other reformed
kirks in Europe, to justifie and approve their doings ; lyke as, the
VOL. VI. T
290 calderwood's historie 1605.
whole commissioners of the Generall Assemblle having assembled
themselves therafter, and after due consideratioun of their foolish
proceeding, having found the same to be no lawfull Assemblle, and
alluterlie disallowed the same ; the said ministers therof, in farther
disdaine and contempt of us, our counsell, and commissioner, have
continuallle sensyne busied themselves in solisting and procuring
the approbatioun, consent, and allowance of the Avhole presbyterels
of our realme, to their insolent and unlawful! proceedings, minding
thereby to make their privat and factious jiroceedings to be a com-
moun cans of the kirk, and by solisting suche unlawful! approba-
tioun of the presbyterels, to pervert the whole order of our Gene-
ral! Assemblels, wherin not onlle the personal! presence of the
whole or most part of the commissioners of the presbyterels of our
realme Is alwayes necessarie, and without the which tliere can not
be an Assemblle, but our owne consent, or consent of our com-
missioner, being present, which Is altogether requlsit. And so, as
they beganne with contempt of us, and breake of our lawes, even
so their unlawful! course, and progresse of their proceedings, tend
to nothing but to heape contempt upon contempt, and will produce
farther Inconveniences, without remeed be provided.
" Our will Is heerefore, and we charge you straltlie and com-
mand, that incontinent tlilr our letters scene, yee passe, and in our
name and authoritie command, charge, and inhlbite all and sindrie
synods, presbyterels, and sesslouns of kirks, and ministers within
our realme, by opin pi'oclamatloun at tlie mercat-croces of tlie held
burrows of our realme, and other places needful!, that none of them
presume or take upon hand, prlvatlle or publictlie, in their sesslouns
or meetlno-s, nor in their conference, sermouns, nor no other maner
of wav, to authorize, approve, justifie, or allow the said unlawful!
meeting and assemblle at Aberdeen ; nather yitt to make anie act
therupon, nor to doe anie other thing in privat or publlct, which may
seeme to countenance the said unlawful! assemblle, under the paine
to he reputed, holdin, esteemed, and persued as guiltle of this un-
lawful! meeting, and to be punished therefore with all rigour.
And, siclyke, that yee command and charge all and sindrie noble-
1605. OF THE KIRK OF SCOTLAND. 291
men, barons, and gentlemen, magistrats, and all other our lieges,
who sail happhi to be present, and heare anie ministers in publict
or privat conferences and speeches, or in their sermoims, to approve
and allow the said unlawfull Assemblie, raile, or utter anie speeches
against our royall coramandements, or proceedings of our counsell,
for punishing and suppressing so haynous enormiteis, that they
make relatioun and report therof to our counsell, and furnishe pro-
batioun, to the effect the same may be condignelie punished ; as
they will answere to our counsell therupon. Certefeing them who
sail heare, and conceale the said speeches, they sail be esteemed as
allowers of the same, and sail be tane order with, and punished
therefore, without favour. The which to doe, etc.
" Givin at Edinburgh, the eight day of August, 1605."
MR R. BRUCE WAIRDED IX INNERXESSE.
Upon the 18th of August Mr R. Bruce was charged to waird in
Innernesse, within ten dayes, under the paine of horning. The
alledged causes were, his apprehending a most sinistrous distrust
and opinioun of the king's sinceritie in the treasoun of Gowrie, his
avowall and utterance of his distrust in publict and privat meetings,
drawing the simple to his opinioun ; no processe of tyme can frame
his minde to the truthe; he interteans a frequent resort of the
ministrie and people, and in all their meetings medleth with the
effaires of the king and estate, censuring the doings of ministers,
fostering thereby factiouns and divisiouns in the kirk, privat grudges
and miscontentments against the present governement.
At the same tyme, Mr Henrie Blyth was sent to Blacknesse. He
was delated to have allowed the Assemblie of Aberdeene, and con-
demned the proceedings of the counsell, when as he did nothing,
but requeisted the lords to try the brethrein according to law, and
not to use them straitlie before they were tryed.
Upon the 27th of August, Mr Robert Bruce entered in Inner-
nesse, and tooke instruments of his entrie ; where he remained foure
292 calderwood's historie 1605.
yeere, teaching everie Sabboth before noone, and cverie Wednlsday,
and read the prayers everie other night at even.
THE WAIRDED BRETHREIN CITED BEFORE THE COUNSELL.
Sindrie of the brethrein were charged before the counsell, and
were sent backe to waird, some to Blacknesse, to witt, Mr Robert
Durie, Mr Andrew Duncan, Mr Alexander Strauchane, Mr Johne
Schairp, Mr William Forbesse, Johne Rosse, Mr Nathan Inglis, Mr
James Greg ; in Stirline, Mr Charles Farholme ; Mr Johne Monro,
in the Castell of Downe. Some were remitted home again, to witt,
Mr Archibald Blekburne, and Mr Robert Youngsone, becaus they
were moved through entisement to say, that if they had knowne
all things as they doe now, they would not have keeped that As-
semblie. Mr Thomas Abcrnethie stood to his deid. But being
removed, and understanding that he was to be charged to Inner-
nesse, desired to be heard ; and so, within a quarter of an houre,
recanted, confessed his fault, and so was suffered to goe home. Mr
Robert Youngsone repented of his yeelding, and came soone after
to the counsell at Edinburgh, and (the whole brethrein in Black-
nesse and Stirline being brought before them, to keepe that day,
none would confesse anie offence, but were sharpe with the coun-
sell for handling them so severelie ; and finding no favour, behoved
to declyne them as judges) he declared to the lords, that he was
troubled in his conscience since the last answere he gave them in
St Johnstoun, and professed he did no offence in keeping that
meeting at Aberdeen. Wherupon he was ordeaned to be wairded
in Stirline, with the rest that were to goe thither again.
In August, the brethrein committed to waird, being cited to
compeere before the counsell, sent to some ministers of Fife Mr
James Melvill, etc., to crave their advice how to answere certane
frivolous interrogatoreis, which they did. They were again com-
mitted to waird in Blacknesse, and ordeaned to compeere before
the counsell In October, at Perth, whither JNIr James sent the
apologie which he penned to them : —
1605. OF THE KIRK OF SCOTLAND. 293
CERTANE INTEREOGATOURS PRESEMTED AND OFFERED BY THE
LORDS OF HIS MAJESTIE'S HONOURABLE TRIVIE COUNSELL, TO
BE ANSAVERED AND RESOLVED BY THE BRETHREIN IN WAIRD,
TRANSPORTED THEREFRA TO PERTH,' WHERE THEY SATT FOR
THE TYME.
1. " What is a Generall Assemblie ?
2. " Whether in our kirk, at anie tyme in our kingdom, there
may be a Generall Assemblie ?
3. " Whether is it not requisit, at suche publict a&sembleis, there
be some commissioners, at the least out of everie diocie of the
kingdorae ?
4. " What number of brethrein are the fewest that are required
to suche an Assemblie?
5. " Whether anie comming there without commissioun may be
accepted of the number of the assembled brethrein ?
6. " Whether has it beene an usuall forme in their Assembleis,
that the moderator of the present Assemblie, after a scrmoun made
by him, did then give over his charge, until! which tyme he ever
continued moderator ; and, if sickenesse impeded him, he then dis-
charged himself by writt therof?
7. "Whether Mr Johne Forbesse doeth continue moderator,
and must he not discharge himself at their nixt meeting ? And if
so, upon what occasioun did they proceed, without the presence of
the moderator of the last preceding Assemblie ?
8. " If he is absent without lawfull excuse, wherefore did they
not censure him ?
9. '' If there had beene in some other parts of the countrie the
meeting of als manie ministers at the same tyme, which of the two
meetings sould have beene accompted the Generall Assemblie ?
10. " Whether may the place of meeting appointed in a former
Generall Assemblie be altered ; and by whose directioun ?
11. " For what causes was Lauristoun, being the king's com-
missioner, removed at their consultatiouu, who, by his office, sould
294 calderwood's historie 1605.
at all tymes ever have beene present at all their proceedings ; and
without whose presence there could be no lawfull Assemblie ?
12. " Why were they not removed that were upon the leits to
be moderator, w^hich was an usuall and allowed forme ever heereto-
fore in suche lyke causes ?
13. "Whether may an Assemblie be holdin without a lawfull
clerk admitted ; and incace of his sickenesse, or just cans of his
absence, by his substituts ?
14. " Whether may a clerk, admitted during his life, be dis-
possessed by a new Assemblie, without sufficient caus of depriva-
tioun, and preceeding cognitioun ?
15. "Whether may a clerk serve in that office before he give
his oath ?
16. " TVTiether did this new clerk give anie oath who was clerk
at the giving of it, or what record was made of it ?
17. " Whether doe they thinke, that the presence of two persons
onlie, for all the bounds lying on the south side of Forth, beside
stewartreis and baillifreis, and being almost the halfe of the whole
kingdom, was sufficient eneugh to make a lawfull Assemblie ?
18. " Whether may a new Assemblie, conveening by his Ma-
jestie's warrant, and the lawfull and ordinar clerk, dispute and
condemne all their proceedings at Aberdeene ?"
A SHORT ANSWERE TO THE INTERROGATOURS.
^' The interrogatours are of two sorts : Some of them are thetick,
some hypothetick. Concerning our owne fact, unto neither of them
are we holdin to answere at this tyme, and in this place, for these
reasovms following : —
1. " Becaus, as we understand, there is no law binding us so
to doe.
2. "It is contrarie to a protestatioun made by the kirk, in a
Gencrall Assemblie at Perth, 4 INIartij 1596, admitted by his Ma-
jestic, as the register of our Assembleis beares, wherein it is speciallie
provided, that mater propouned must be reasoned, voted, and
1605. OF THE KIRK OF SCOTLAND. 295
concluded, according to the Word of God and good conscience, in
the ordinarie place of the Assemblie.
3. "Becaus it is agreed upon, in decisloun of his Majestie's
questiouns propouned in that same Assemblie, that doubts sould
be propouned decenter, in right tyme and place, animo cedificandi,
et lion tentandi. Which act we crave to be keeped.
4. " Questiouns concerning the whole kirk sould not be answered
by particular persons having no lawfull calling by the generall kirk
thereto, least they sould erre, and prejudge the libertie givin by
Christ to his kirk. And some of these are alreadie decided by
the acts of the Generall Assemblie.
5. " Albeit they were propouned, as said is, and we had a call-
ing to answere, yitt we have not had sufficient space, nor occasioun
of meanes, to be sufficientlie advised and resolved, in maters of
suche weight.
G. " Lastlie, we are readie, and heere we offer, as members of
the bodie conjunctlie in a Generall Assemblie, to give answere to
all these questiouns ; and submitt ourselves, and our whole pro-
ceedings in our late Assemblie, to the Word of God and constitu-
tions of the kirk.
" As to the hypothetick interrogatours, the tyme would not suffer
us to answere them at this tyme ; but we sail doe it with all ex-
peditioun, in the full declaratioun of the truth of our whole pro-
ceedings, whereby not onlie hope we, but weill are assured, that
we sail fullie satisfie his Majestic tuiching all these slanders where-
with we are charged."
THE ABBOT OF NEWABBEY WAIRDED.
About the end of August, the Abbot of Newabbey was taikin
about Newabbey, by the Lord Ci'anstoun, not without perrell from
the country people, who rose to rescue him out of his hands. He
was sent first to Blacknesse, and, after two or three days, was
transported to the Castell of Edinburgh, where he was interteaned
upon the king's expences till his departure out of the countrie.
296 CALDER wood's HISTORIE 1G05.
THE PROCEEDINGS OF THE STXOD OF FIFE.
Becaus the Generall Assemblie was appointed to be holJin in
September, the Synod of Fife was conveened in Dunfermline the
secund of September. But the brethrein resorting thither were not
permitted to enter the toun. Chauceller Setoun being within, gave
commandement to the Laird of Pitfirrane, proveist, to that effect.
The brethrein went to Inuerkeithing. First, they found it necessar
to have a Generall Assemblie ^s'ithout delay : nixt, becaus that at
their last Synod they directed their commissioners to the Assemblie
at Aberdeene, who had reported their diligence in assisting the com-
missioners of other prcsbytereis in fencing the Assemblie to the last
Tuisday of September instant, and the prcsbytereis had allowed
their dihgencc. Therefore, the Synods find it necessar to keepe
the possessioun of the Generall Assembleis safe and free, which
otherwise might be interrupted, and fall by prescriptioun of tyme,
and that the said day sould be keeped at Aberdeene. But, under-
standing that diverse proclamatiouns have interveened, condemning
the bygane Assemblie, and discharging the Assemblie appointed
to hold nixt in Aberdeene, the Synod finding themselves brought
to a strait, ather of losing the possessioun of the Generall Assemblie
if they keeped not the said dyett, or incurring the king's indigna-
tioun ; after long reasoning and incalliug of the name of God, re-
solved, that it was meete to prorogat the day appointed by the
brethrein conveened at Aberdeene, to the moneth of May nixtocum ;
seing before the said last Tuisday of this instant tyme, nather can
the king be rightlie informed, intreatted, and his answere returned,
nor yitt the advice and concurrence of the prcsbytereis of other
provinces be obteanned : That a supplicatioun sould be penned in
the meane tyme, and sent with some brethrein from the Synod to
his Majestic, and their commissioners to be sent to the provinces
nixt adjacent, to have their concurrence and consent, als weill to
the said supplicatioun as to the continuatioun of the day.
The supplicatioun was not sent, partlie, through small hope that
1605. OF THE KIllK OF SCOTLAND. 297
it would be admitted ; for the kincj would receave no informatioun
in maters of the kirk but through the commissioners ; partlie,
through distrust of working or procuring auie good, but rather
hurt, to the prisoners and others. They concluded with universall
consent a fast : 1. For the pest : 2. For unseasonable weather in
tyme of harvest : 3. For distractioun of ministers : 4. Tlie re-
straint of the Generall Assemblie, so needfull in tyme of atheisme
and poprie growing : 5. The imprisonment of ministers, and re-
straining of them from their flockes when God's judgements were
brokin furth : 6. For not acknowledging the day of our visitatioun.
The fast was to be keeped upon the 15th and 22d day of September.
This was the best thing that was done at that Synod. Great
weakenesse kythed among them. So fari'e were they (five or six
excepted) averse from keeping the day appointed for the Assemblie,
that hardlie could they be brought to agree to this other appoint-
ment. Mr James Melvill compared them to folkes that once fleing,
knew not where to hyde themselves.
The proceedings of the Synod of Fife comming to the knowledge
of the ministers, and flockes of other provinces, and the zealous
exercises of the imprissoned brethrcin in Dumbartane, Stirline,
Downe, and Blacknesse, moved the people verie muche ; so that
the counsell thought it needfull to direct letters to everie presby-
terie, wherin they declared their good dispositioun to putt the lawes
in executioun against Papists, and all insolent contemners of
ministers, notwithstanding that they were to take order with that
small number which conveened factiouslie and seditiouslic, at
Aberdeene, to the offence of his Majestic.
MR J. MELVILL's APOLOGIE FOR THE WAIRDED MINISTERS.
Mr James Melvill about this tyme answered this letter, and
other calumneis, with the apologie following : —
298 caldekavood's historie 1605.
AN APOLOGII-: FOR THE PRISONERS OF THE LORD JESUS PRESENTLIE
IN THE CASTELL OF BLACKNESSE. SEPTEMBER 1605.
" The commoun newes and mater of talke is now the imprisson-
ment and horning of ministers, the whicli, by manie, (yea, which
is verie strange, even of the ministrie,) is not thought evill of; and
so almost allowed, by some procured, by all not taildn to heart,
but coldlie regarded. And yitt, it is sure, that if suche a number
of the learnedest, godliest, and best of the ministers, has fallin and
done amisse, the breache and ruine is great in the kirk, which all
the true members therof must sensiblie feele, and sorrow for. If
they have not failed, but done an honest necessar duetie, and that
rightlie and wiselie, then the procurers of suche punishment for
Weill doing, the allowers therof, yea, and the light esteemers and
cold considerers of the cace, are guiltie before God, everie one in
their owne ranke, and cannot eshew his wrathe, who suffered none
to doe his propheits wrong unpunished, but reproved kings for
their sakes, saying, ' Tuich not myne anointed, and doe my pro-
pheits no harme,' Psalme cv. But be lyke the sonnes of Jacob,
who sold their brother Joseph to prisoun, and syne sat doun to eate
and drinke ; if not lyke Judas, that betraj^ ed his Lord, and with-
out repenting in tyme, bring on suche a plague, as may make them,
with Jacob's sonnes, to say one to another, ' We have verilie
sinned against our brother, in that we saw the anguish of his soule,
when he besought us, and we would not heare him : therefore is
this trouble come upon us,' Gen. xlii. 21. And that so muche the
more, if these good brethrein be negligentlie, cowardlie, and
tratourouslie deserted in the worke of the Lord, and cans of their
Christ, commoun to all Christians, namelie, his ministers, who, if
they suffer witli him, they sail raigne with him ; if they denie him,
he will also deuie them, 2 Tim. ii. 12. Ileerefore, I have thought it
expedient and necessar to cleere the cans of the brethrein ; that
if it be Christ's cans, (as I hope to make it manifest,) all true
Christians may take part therin, as they would be acknowledged by
1605. OF THE KIRK OF SCOTLAND. 299
him, when he comes in the glorie of his kingdome ; that if ignorance
hinder them, they may be instructed ; if negligence or forgetfulness,
thej may be remembred and stirred ; if remissenesse and coldnesse,
they may be pricked and made zealous ; least the cans, standing
by the care, wisdome, and power of him whose it is, they fall with
the enemeis. For He hath said, ' He that is not with me is
against me ; and he that gathereth not, scattereth ; and whosoever
sail be ashamed of me and of my words, of him sail the Sonne of
IMan be ashamed, w^hen he sail come in his glorie, and in the glorie
of his Father, and of the holie angells,' Lucke ix. The good and
godlie brethrein's cans then sail be cleered to the consciences of all,
by the force of this syllogisme.
" If they assembled, and proceeded in the Generall Assemblie
at Aberdeene, the secund of Julie 1605, by good warrant
of the Word of God, of the lawes of the countrie, of the
constitutions and continuall practise of the Kirk of Scotland
since the first reformatioun of religioun, and according to the
order and discipline of the kirke subscribed and solemnelie
sworne to by the king and whole bodie of this realme, etc.,
they have done lawfullie, weill, and wiselie ; and so sould
not be condemned and punished, but honoured and rewarded.
" But they have so assembled, and proceeded in truth : Ergo, —
" Of the propositioun of this hypothetick syllogisme, I thiuke
none will doubt but it is true ; therefore, all the present travell
seemes to be in probatioun and cleering of the assumptioun. And
so, come on the points orderlie of this present apologie. First,
what the Word of God teaches theranent ; and if, according there-
to, they have done. Secundlie, what are the lawes of our realme
concerning the same. Thridlie, what are the constitutions and
practises of our kirk. Fourthlie, the mentiouned Confessioun of
Faith ; and if the brethrein have done rightlie and wiselie, con-
forme to all the same.
" The warrants then of the Word of God, we deduce by thir
points orderlie and cleerelie : —
300 calderwood's historie 1605.
THEIR WARRANTS OF THE WORD OF GOD.
'' There is no power but from God, sayes the apostle, Rom. xiii.
God the Father anointing Jesus Christ, his onlie begottin Sonne,
King over his kirk, has givin him all power in heaven and in
earth, Psalme ii. 6 ; Matt, xxviii. 18. Christ has givin the office,
power, and gifts, to gather his kirk, and to governe the same, to
his apostles ; and for that caus, promiseth to be with them to the
end of the world. Matt, xxviii., and not to leave them as orphe-
lings, Johne xiv. 18. As the Father sent him, so he sent them,
Johne XX. 2. He breathed on them, saying, ' Eeccave the Holie
Ghost : whose sinnes yee remitt sail be remitted ; and whose
sinnes ye reteane sail be reteanned,' verses 22, 23. He conversed
with them after his resurrection fourtie dayes, instructing them
concerning maters perteaning to the kingdom, Acts i. 3. And,
finalHe, upon the day of the Pentecost, he sent upon them the
Holie Spirit, that Conforter promised.
" The same Christ, when he had by the ministrie of his apostles
collected the kirks, (Acts ii.,) and founded them by the same
apostles, he gave the kirk, pastors, doctors, and elders, for the coag-
mentation of the sancts, for the worke of the ministrie, for the edi-
ficatioun of his bodie, till all the elect grow up to a perfyte man,
to the just measure of the stature of Christ, Eph. iv. 11, 12 ; Tit.
i. 5 ; 1 Cor. i. 2.
" Christ not to his apostles onlie, but also to these pastors, doc-
tors, and elders appointed by them, he gives the keys of the king-
dom of heaven, and power of binding and loosing, of reteaning and
remitting of sinnes, as said is, and that by the use and ministrie
of the Word and Sacraments, and censures of the kirk, Matt, xviii.
17, 18 ; Johne xx. 20 ; Acts xx. 28 ; 1 Pet. i. and ii. ; 1 Cor. v. 5 ;
Matt. xvi. 19.
" Christ then, the onlie Lord and King of his kirk, has appointed
his administrators and officers of his kingdom, pastors, doctors,
elders, and deacons, who sould be occupyed about the Word,
1G05. OF THE KIRK or Scotland. 301
Sacraments, and discipline of maners, and care of the poore, Eph.
iv. 1, 11 ; Eora. xii. 7, 8 ; 1 Cor. xii. ; 1 Tim. v. 17 ; Philem. i. 1 ;
1 Tim. iii.
" Now, all these ministers and office-bearers in the kirk of Christ
have receaved from their Lord and King their offices and gifts, to
discharge the same, together with expresse command to doe the
same faithfuUie and diligcntlie, and that not severaUie onlie, but
also conjunctlie, in their sessiouns, presbytereis, and synods, as of
the places quotted is evident, Eph. iv. ; Matt, xviii. ; 1 Cor. v.,
and of the practise therof in the first, sixt, and fyfteenth of the
Acts : Namelie, the office and duetie of the pastor is (to superseed
the rest for the present) to take heed to themselves, and the kirks
and flockes over which the Holle Ghost has appointed pastors,
watchemen, and overseers, Acts xx. 28. And that, both severallie,
in the particular functiouns of everie office, Rom. xii. 7, 8 ; and
together, in the sessiouns of the kirks and presbytereis. Matt. v.
22 , xviii. 17 ; 1 Tim. iv. 19 ; 1 Pet. v. 2 ; for the which caus, the
solemne meitings and Generall Assembleis of the pastors of the
kirk is most necessar and profitable, that they may therin take
heed and order to, and with themselves, and the kirks and congre-
gatiouns over which Christ has placed them, in doctrine and ma-
ners, that they may interteane commoun peace and uniformitie, and
keepe unitie of faith by the bond of charitie, Acts xx. 28 ; Phil. ii.
1, 2, 3 ; Heb. x. 25.
" These Assembleis, in the Icgall policie of the kirk, Christ ap-
proved. Matt. v. 22 ; Lucke xxii. 66, where he makes answere
before the presbyterie of the Jewish kirk, and nather damnes their
judicatour, nor declynes the same, it being the lawfuU ordinance of
God. So did his apostles Peter and Johne, Acts iv., and Paul,
(Acts xxii. 30 ; and xxiii. 1.) But in the Christian kirk and
policie therof, he expresselie instituted and appointed the same,
translating that which was the lawfull ordinance of God, most
necessar for the governement of the kirk, from the legall unto the
evangelick. Matt, xviii. 15, 16, 17, 18, 19, 20, coaimanding to
tell the kirk, (that is, the assembleis and meetings of the pastors
302 calderwood's historie 1605.
and rulers of the kirk,) when anie Christian brother cannot be
amended by privat admonitiouns. To the which, also, he gives
the power of binding and loosing, whom he biddeth expresselie
conveene, where he promiseth, and their number were never
so small, being conveened in his name, to be with them in the
midds of them.
" This power his apostles receaved and continued, in governing
of the primitive kirk, Acts i., and vi. and xv., in the electioun of
Matthias, and in choosing the deacouns, and in the counsell holdin
at Jerusalem. In everie citie and kirk, Paul and Barnabas
ordeaned the same. Acts xiv. 23, and xx. 17 ; and directed Titus
to doe the same, Tit. i. 5 ; and the calling of Timothie is com-
mended by the laying on of the hands of the presbyterie, 1 Tim.
iv. 14. And so, it is most evident, that the apostles obeying the
command ement, and leaning upon the promise of Christ, their
King and Malster, as the need of the kirk required, conveenned
themselves in his name and authoritie, and elected Matthias in the
place of Judas, the tratour. Acts i. ; choosed the seven deacouns to
minister the tables, and take care of the poore. Acts vi. ; releeved
the Gentiles converted to Christ from the burthein of the ceremo-
nlall law. Acts xv. ; separated Paul and Barnabas for the worke of
the gospell. Acts xiii. ; lyke as they most gravelie exhorted the
pastors and elders constituted by them in everie kirk, to doe
the same faithfullie and diligentlle, so oft as the use and necessitie
of the kirk required, Acts xx. 28 ; 1 Cor. v. 4 ; 1 Pet. v. ; Rom.
xii.
" It is then most manifest of the Word of God, that Jesus Christ,
to whom all power is givin In heaven and in earth, has givin power
to his pastors and elders to meete together solemnelie with their
flockes and people, not onlie for preaching of the Evangell, and
publict service and worshipping in minlstratioun of the holie sacra-
ments, but also to keepe assembleis for reteaning of the same in
sinceritie without corruptioun, or being lost, for recovering therof ;
and, finallie, for conteaiiing both pastors and people in their
Christian duetie by the rod of discipline.
1605. OF THE KIRK OF SCOTLAND. 303
" And this power, givin by Christ to his pastors, no mortall man
sould violat, or anie wise diminish or impede : no king, prince, nor
magistrat, muche lesse a Christian magistrat, who the more truelie
and sincerelie he professe Christ Jesus, the more bent and ardent
sould he be in imploying the power and authoritie that God has
givin him, to see God glorified and obeyed in his kirk, and to pre-
serve and mainteane whole and sound, the priviledge and libertie
of conveening and assembling, commanded by Christ unto the
pastors and elders of his kirk. But so it is then, to assume, that
the brethrein in prisoun, viz., Mrs Johne Forbesse, Kobert Durie,
Andrew Duncan, Johne Welsche, Alexander Strauchane, Johne
Schairp, Johne Monro, .Tohne Eosse, and the rest of the ministers
that keeped the day and place appointed for the Generall Assem-
blie, in the moneth of Julie last, are the weill knowne and ap-
proved true ministers of Christ within the Kirk of Scotland, which
no true member of the same kirk can be so impudent as to denie.
Therefore, these faithfull ministers of Christ who assembled last at
Aberdeene, had their power and warrant of Jesus Christ so to doe,
namelie, in so necessarie a tyme, when Papists, Atheists, and licen-
tious men, were overhailing the pastors and kirks of that part of
the realme, and so manifold evidences kythed, of the overthrowing
of the liberteis of the kirk, and sinceritie of the gospell ; and sould,
therefore, by the Christian magistrat, rather have beene honour-
ablie rewarded than shamefullie punished. The Lord Jesus opin
the eyes of the king and his counsell, to see with whom it is they
have to doe, to witt, even the Lord Jesus, and not poore simple
men, whom they persue ; and what they are doing in this caus.
For by the last proclamatiouns givin out against the Assembleis and
meetings of the ministers, they bring the best servants of Christ,
and the king's most duetifull subjects, to the extremitie of Sydrach,
Mysach, and Abednego, and Daniel ; that is, ather to rebell against
God, or to be cast in the fierie furnace, or lyouns' denne. And to
that, most pertinent to this purpose, which Eusebius in his first
booke of the life of Constantine writteth, of Licinus the tyranne,
in these words, as the Latine interpreter translateth them : ' Utili-
304 calderwood's historie 1605.
tas, et necessitas synodorum vel inde pervlderi possit, quod Llciriius
exitium ecclesia3 machinatus, cum nihil haberet quod comminisce-
retur aliud, banc legem promulgavit ; ne cpiscopi, inter se, de re-
bus suis, vel ecclesiarum communicarent, neque conventus, aut
concilia celebrarant.' And this be subjoynes : ' Hajc tanquam * *
Licinio fuit ad nos proterve, contumelioseque tractandos. Aut
enim legem violando, supplicio obnoxios esse opportebat, aut legis •
pra?cepto, morem gerendo ecclesias ritus et instituta evertere. Nam
magna3 et graves deliberationes de rebus ecclesia3 suscepta3, non
aliter possunt, quam per rectam conciliorum administrationem,
ratione et via procedere.' "
THEIR WARRANT OF THE LAWE9 OF THE REALME.
" Now, as to the secund point to be proved anent the lawes of
our realme : The first of all, in our acts of parliament, is, ' The
Freedom of Holie Kirk. It is statuted and ordeanned, that
the holie kirk jojes and bruikes, and the ministers of it, their old
priviledges and freedom,' (1st Pari. King James I. Act I.)
" Item, In like maner, the first act of his secund parliament is,
' In the first, to the honour of God, that the fi-eedora of holie kirk
be keeped through all the realme.'
" The same is confirmed and augmented by King James the
Secund, in his fourth parliament, which is all that is printed of that
parliament.
" Siclyke, in the first parliament of King James the Thrid : In the
first, ' It is statuted and ordeanned, that the priviledge and honour
of holie kirk and spirituall persons to be observed,' &c., confirmed by
the same King James, in the first of his fyft parliament, in these
■words : ' That the freedom of holie ku-k be observed, and keeped
in all immunitie, and priviledge, and freedome.' In like maner and
words, by King James the Fourth, in the first act of his secund
parliament.
" The first act of the first parliament of King James the Fyft is,
' That the freedome, priviledges, and immuniteis of holie kirk and
1605. OF THE KIRK OF SCOTLiVND. 305
splrituall persons, be observed and keeped in honour and wor-
ship/ &c. Then, if priviledges, freedom, honour, immunitie of
hoUe kirk, be statuted and ordeanned by laAv, to be keeped and
observed in all immunitie, priviledge, and freedom, and this was
ever known e to be one of their speciall priviledges and freedoms,
to conveene in their seinzeis and synods, the conventions and
synods of the kirk by our lawes may be laAvfullie keeped.
*' And if anie will object, that these were granted to the Papisti-
call kirk, the answere is easie, that muche more [they] sould to
the true kirk of Christ ; as indeid the godlie princes following, after
the manifestatioun of the light of the Gospell, made reformatioun
of religloun, and cleered and enlarged the freedoms and priviledges
of the kirk, and namelie, (to his iramortall praise,) our present
king and soverane that now raignes, and who most happilie and
Weill long live and raigne ; and that not onlie by the advice of his
foure regents in his minoritie, but most largelie and particularlie,
after the taking of the governement in his owne hand and persoun ;
and cleerliest and fuUiest of all, after his full and perfyte age
declared.
"In the first parliament of King James VI., 15 Decembris
1567, anent laick patrons, the words are, 'It sail be leasome to
the patrone to appeale to the superintendent and ministers of the
provinces where the benefice lyeth, and desire the person pre-
sented to be admitted ; which if they refuse, to appeale to the
Generall Assemblie of this whole realme, by whom, the cans being
decided, sail take end as they decerne and declare.' Where yee
may expresselie see the approbatioun and acknowledging of the
Generall Assemblie, as the highest and supreme judgement of the
kirk, and of all the realme in ku'k maters.
" In the secund parliament, holdin by his goodshir of good
memorie, Mathew Erie of Lennox, in the secund act therof, we
have these words, ' Item, Our soverane lord, with advice and con-
sent of the said regent, three estats, and whole bodle of this pre-
sent parliament, has ratified, and by this present act ratifieth and
approveth, all and whatsomever acts and statuts made of before,
VOL. VI. U
306 calderwood's historie 1605.
by our soverane lord or his predecessors, anent the freedom and
libertie of the true kh'k of God, and religioun now publictlie pro-
fessed within this realme.'
"The same is ratified in the first act of his fyft parliament,
holdin after the taiking of the govemement in his owne persoun ;
also, in the first act of his sixt parliament, holdin at Edinburgh
the 20th of October 1579 : * Our soverane lord, with advice and
consent of the three estats, and whole bodie of this present parlia-
ment, ratifieth and approveth all and whatsomever acts and statuts
made of before by his Hienesse, with advice of his regents, in his
owne raigne, or his predecessor's, anent the libertie and freedome
of the true kii-k of God, and religioun now presentlie professed
within this realme.' And speciallie, the secund act of the same
sixt parliament is expresselie for the jurisdictioun of the kirk,
which consists and stands in the preaching of the Word of Jesus
Christ, correctioun of maners, and administratioun of the holie
sacraments ; and declares, that there is no other face of kirk, nor
other face of religioun, than is presentlie, by the favour of God,
established within this realme ; and that there be no other juris-
dictioun ecclesiasticall acknowledged within this realme, other than
that which is, and sail be within the same kirk, or that which
floweth therefra, concerning the premisses. There is a jurisdic-
tioun of the kirk ample eneugh, distinguished from the civill
policie, which of necessitie must have meetings in tyme and place,
to exerce and exercise the samine.
" And in his seventh parhament at Edinburgh, the 24th of
October 1581, in the first act there is a generall ratificatioun of the
libertie of the true kirk of God, and confirmatioun of all the acts
and lawes made to that eiFect before the particular rehearsall and
citatioun ; and amongst the rest, the ratificatioun of the libertie of
the true kirk of God and religioun, anent the jurisdiction of the
true kirk, twise.
"And after the king's perfyte age of 21 y ceres compleit, in the
elleventh parliament, Edinburgh, 29th Julie 1587, there is a cleere
and fuU ratificatioun of all lawes made anent the libertie of the
1605. OF THE KIRK OF SCOTLAKD. 807
kirk, and all others by his progenitors, in his minoritie by his
regents, or since the acceptation of the governement in his owne
person.
"And finallie, that goldin act, which cleerelie crowneth and
firmelie concludeth the cans, viz., the fyft act of the twelveth par-
liament of King James VL, holdin at Edinburgh the fyft of June
1592, entitulated ' Ratificatioun of the libertie of the true kirk; of
generall and synodall assembleis ; of presbytereis, of discipline.'
AVherin, anent our Generall Assembleis, these are the words, * And
siclyke, ratifieth and approveth the Generall Assembleis appointed
by the said kirk, and declairs, that it sail be lawfull to the kirk
and ministers, everie yeere at the least, and oftener pro re nata, (as
occasloun and necessitie sail require,) to hold and keepe Generall
Assembleis ; providing that the king's Majestic, and his commis-
sioners with them, to be appointed by his Ilienesse, be present at
ilk Generall Assemblie, before the dissolving therof ; nominat and
appoint tyme and place, when and where the nixt Generall As-
semblie of the kirk sail be keeped and holdin, as they have beene
in use to doe these tymes bypast.' Where yee have to note, that
the king and estats take not upon them to give the power to the
Generall Assemblie to conveene, (which nather they nor our kirk
ever thought to be in their hands, but in the hands of Christ Jesus
allanerlie, onlie King of his kirk, of whom the Kirk of Scotland
had it, and practised it a threttie-two yeere before,) but onlie to
ratifie and approve it, by the authoritie that God hath givin to
them, according to their duetie.
"And becaus the acts of the 1584 yeere might be alledged
against the Assembleis and liberteis of the kirk, therefore this pos-
terior act expresselie speekes thus : ' And becaus there are diverse
acts of parliament tending to the prejudice of the libertie of the
true kirk of God presentlie professed within this realm e, jurisdic-
tioun, and discipline therof, which stand yitt in the bookes of the
acts of parliament not abrogated nor annulled : Therefore, his
Hienesse and estats foresaid have abrogated, cassed, and annulled,
and by the tenour heerof abrogat, casse, and annull, all acts of par-
308 caldekwood's historie 1605.
llament, &c., with all and whatsomever acts, lawes, and statuts
made at anie tyme before the day and date heerof, against the
libertie of the true kirk, jurisdictioun, and discipline therof, as the
samine is used and exercised within this realme ; and declairs, that
the 129th act of the parliament holdin at Edinburgh the 22d day
of May 1584, sail no wise be prejudicial!, nor derogat anie thing
to the priviledge that God has givin to the spiritual! office-bearers
in the kirk, concerning heeds of religioun, maters of heresie,
excommunicatioun, collatioun, or deposition of ministers, or anie
suche like essential! censures, speciallie grounded, and having war-
rant of the Word of God.'
" Now, it is objected, that the act must be granted ; but it con-
teanes an expresse provisioun, that the king or his commissioners,
with the ministers, sail appoint the tyme and place. Answere :
First, we grant the provisioun, but suche as it is. That is not
privative or derogatorie to the lawfiilnesse of the meeting ratified
by the act, with tlie claus of * otherwise not,' or suclie like as
the lawyers and formalists use, so that if the provisioun be not
observed, the licence is null : na, but onlie providing for the
strenthening and furtherance of the Assemblie, that his Majestic,
by himself or his commissioners, sail concurre ; as the claus added,
* as they have beene in use to doe these tymes bypast,' cleerelie
showes. Nixt, we answere, we have his Majestie's licence and
consent, first by plaine law, which we presentlie alledge and urge ;
and nixt, by his owne presence, in the General! Assemblie holdin
at Halyrudhous, in November, before his Hienesse' progresse to
the South, where his Majestic voted first in the Assemblie, that
the nixt Assemblie sould be keeped at Aberdeene, the last Tuisday
of Julie 1604. And howbeit that appointed Assemblie held
not, yitt it was prorogued at his Majestie's desire, by a letter
sent to the presbytereis, subscribed by his Majestie's commis-
sioner the Laird of Lawrestoun, and Mr Patrik Galloway
last moderator, and continued to the first Tuisday of Julie, in
the yeere present, 1605; according to the which appointment,
the presbytereis leaning on the warrant of God's word, and
1G05. OF THE KIRK OF SCOTLAND. 309
lawes before mentiouned, sent their commissioners, and keeped
the day and place.
" But they insist and reasoun, that the day was discharged by
another letter sent to the presbytereis from the said commissioner
and moderator. Answere : Not that day, viz., the secund of
Julie, but the fyft was discharged by that letter, as the samine
extant among the presbytereis yitt beares. Alwise, say they, the
meaning was, to discharge that Assemblie. True; but was it
lawfull and duetifull to the ministers of Christ, who have their
calling, office, and all the parts therof from Christ allanerlie, and
must be answerable to him upon their uttermost, upon an alledged
discharge of the Generall Assemblie, by an article sent from the
king, discharging the said Generall Assemblie, in so necessar a
tyme, warranted by suche inviolable reasouns and warrants, as
are brought out and sett doun heeretofore, to desert and leave off
the same, under skug of I wait^ not what obedience unto a light
letter ? And if they had obeyed that letter, what warrant could
it have beene for them, when ather Christ, or the Christian king,
sould have called them to give an accompt of the discharge of
their duetie so expresselie, at so necessar a tyme required of
them ?
'"' Nota. In the Generall Assemblie holdin at Dundie, May
1597, where the king was present, Sess. 7, anent the article, or-
deaning, that no conventioun of pastors be without his Majestie's
knowledge and consent, &c., his Majestie's consent is declaired to
be extended to all and whatsomever forme, ather of Generall As-
semblie or Speciall, permitted and authorized by his Hienesse'
lawes, according as they have warrant in the Word of God, as
being the most authentick forme of consent that anie king can
give.
" Adde therunto, that the letter of the commissioner and last
moderator, conteaned no certane tyme nor day whereto the said
Assemblie sould be prorogued ; so that it imported a casting
I Wot.
310 calderwood's historte 1605.
loose and deserting, yea, and tyning of the possessioun of our
Assemblie ; than the which, what could be more dangerous to the
libertie and freedom of the kirk of Jesus Christ, at suche a tyme,
namelie, of the treatie of the Unioun, when all the estate of the
realme, and everie particular are zealous and careftdl of their
rights and possessiouns ? I am sure, there is not in Scotland, that
has the right and possessioun of a cote-hous or a kaile-yaird, that
would so easilie have quitt it, and slipped from it. And yitt, fy !
fy for shame ! that ministers, even the ministers of Christ Jesus,
sail lett so little, and esteeme so lightlie of the freedom and libertie
of the kirk and kingdom of Jesus Christ, planted and peaceablie
established so notablie, and so long continued within the realme of
Scotland ! Yitt they continue, and reasoun against the lawful-
nesse of their proceedings.
" Lett it be, say they, that the day might have beene keeped ;
yitt they sould not have fenced an Assembhe, or appointed a
tyrae for another, without the consent of the king's Majestie's
commissioner, namelie, the said commissioner discharging them
both by a missive from the counsell, and by letters proclamed.
Answere : There was no proclaming of letters ; for that is a
manifest forgerie and untruthe, cleerelie discovered and knowne.
And how soone they were charged, they gave obedience, and
dissolved, for eshewing the offence of men, yea, even endanger-
ing themselves over farre in the offence of God, for omitting
a necessar duetie to him, as said is. As to the letter of the
counsell, it conteaned a counsell, which is no command, to desert
and leave off the Assemblie ; a thing so unlawfull, that if they
had followed it, they could not have beene answerable nather
to Christ nor the king, being charged for their duetie, for the
reasouns before alledged. And further, where the meaning of the
law is, that the king's commissioner sould chonestat, fortifie, and
further the Assemblie, the foresaid commissioner, Lawrestoun,
came to hinder the Assemblie, and oppone him therunto. So
that he was not a commissioner to the Assemblie, but against it ; and
so, all alike or worse, as if he had not beene in the toun, and there-
1605. OF THE KIRK OP SCOTLAND. 311
fore, by the plaine meaning of the act, it was leasome for the
Assemblie conveenned to nominat tyme and place for the nixt
Assemblie. They did therefore nothing, but that which both of
duetie and necessitie it behoved them to doe ; or ellis betray the
cans of Christ, and losse the libertie and freedom of his kirk and
kingdom, peaceablie, and without interruptioun possessed within
this land these fortie-two yeeres bygane ; as we have now in the
nixt point of probatioun to verifie, by the continuall custome,
possession, and constitution of our kirk, since the first reforma-
tion of religioun in Scotland."
Their Warrant from the Custom and Constitution of our Kirk.
" And becaus that point is evident eneugh, by the bookes of the
Generall Assemblie, and some ancient fathers of the ministrie who
are yitt alive, I thinke it sufficient to sett it doun in this generall
assertioun, That from the yeere of God 1560, the 20th day of
December, when with the parliament, the Generall Assemblie sett
doun at Edinburgh, first for establishing of religioun, and sattling
the reformed state of the kirk, untill the yeere 1603, in the begin-
ning of Aprile, when the king departed from Scotland, to take
possessioun of the whole impyre of Great Britane, the continuall
custome of the Kirk of Scotland, approved and reverenced by the
supreme magistrat, and all the estats of the realme, was to con-
veene in their General! Assembleis almost twise everie yeere, and
sometyme thrise. I say almost, becaus of that great eclipse, in
the yeere 1584 acd 1585, by the violent injurie of the tyme, and
becaus of the prorogatiouns and tossing of the Assembleis, by
proclamatiouns and letters, from tyme to tyme, and place to place,
in the yeeres following the yeere 1596, yett in all these yeeres and
Assembleis, I say, the order and custome of our kirk was, that in
the end of the preceding Assemblie, the tyme and place of the
nixt succeeding Assemblie was agreed upon and determined, the
which was preciselie keeped, upon the warrant that Jesus Christ
has givin to his kirk, to conveene, without any licence sought or
312 calderwood's histoeie 1605.
givin by the maglstrat, king, or prince, other nor the commoun
approved consuetude before the law, and after, in the parliament
1592.
" Nota. The Generall Assemblie conveenned at Edinburgh,
Marche 1573, directed an admonltloun in writt to the Erie of
Mortoun, then regent, and to the Lords of Counsell and estats,
bearing this nan'ation : —
" ' It is knowne to your Grace, that since the tyme God blessed
this countrle with the light of the Evangell, the whole kirk most
godlle appointed, and the parliament by act authorized, that two
godhe Assemblels of the whole generall kirk of this realme sould
be everle yeere, als weill of all members therof In all estats, as of
the ministers : The which Assemblels have beene since the first
ordinance contlnuallie keeped in suche sort, that the most noble
and of highest estat have joynned themselves, by their owne
presence in these Assemblels, as members of a bodie, concurring,
voting, and authorizing all things there, proceeding with their
brethreln.'
*' But heere, by way of exceptioun, they bring in diverse things
ao-ainst this Assemblie at Aberdeene : 1. The few number ;
2. The forme of choosing the moderator; 3. The choosing of the
scribe ; 4. The place and keeping of it, as never was used in anie
Assemblie of before ; 5, and last. The standing so preciselle upon
the keeping of a day with the king, who meanned not to take
away the Generall Assemblels from us.
" For the fewnesse in number, I answere, that the Assemblels
of Christ's kirk In his Gospell are not defynned by great num-
bers, but by verle small ; as, that ' Whensoever two or three
of you are assembled together in my name, I will be in the
midds of you : So that, agreeing In my name, that which yee
doe in my name on earth sail be ratified in heaven.' So, sure
are we that this was, and Is. And farther, for all that was done,
they were enew, and over manie, to witt, to fence the Assemblie
with prayer, and continue the same to another day, for causes
moving them, with thanksgiving to God in end. And this, as
1605. OF THE KIRK OF SCOTLAND. 313
in the parliaments of our realme, oftin so has it beene in use in
our kirk. For exemple, in the yeere 1596, the Generall Assemblie
ordinarie of the kirk was appointed at St Andrewes, there inter-
veened after a great overthrow of the kirk, dressed and done by
the devill, at that evill sained seventeenth day of December, and
an Assemblie by the king's missives convocated at Perth, in Feb-
ruar. Mr Robert Pont, a godlie learned father of the kirk, being
ordinar moderator, accompanied with Mr Johne Hall, now fallin
away, and a few other, came to St Andrewes, the 27th of Aprile,
appointed for the ordinarie Generall Assemblie, and continued it
till the moneth of May following, to be keeped at Dundie, becaus
of the estat of tyme, and that the king, in that conventioun at
Perth, had so ordeanned.
" As for the moderator, say they, there was one ordinarie standing.
Answere : He was absent unduetifullie, and therefore another
chosin in his roome to moderat that meeting, and censure the
absent. There was no preaching nor leits made, and putt to the
doore. Answere : The last moderator looked for came not to
preache, and none other, upon so short advisement off hand, could
take upon them so weightie a mater. But the ordinarie doctrine
of the ministrie of the place might weill eneugh supplee that.
Leits there were made, after prayer conceaved by the moderator
of the synod of the province of Aberdeene. And as for their putt-
ing out, and suche other accidental! formes, one answere may be
givin for all : Suche triffles are not to be stickin upon, when the
substance is in perrell of perishing, as at this tyme was the posses-
sioun of the libertie of the keeping of our Assembleis. In fine,
that forme of moderatioun is not to be thought so strange, nor so
to be querrelled to them, if they would remember the fore-men-
tiouned Assemblie at Perth, where, without anie doctrine or leits,
in absence of Mr Robert Pont, ordinarie moderator, Mr David
Lindsey, at the nominatioun of one or two of the brethrein present,
entered moderator to that Assemblie, as witnesse wiU all that were
there, and rightlie remembred.
" As for the ordinarie scribe, for feare he refused to doe his office,
314 calderwood's historie 1605.
being present in the toun, and boasted by the king's commissioner.
But it became not the ministers of Christ so dastardlie to leave so
necessar a tume and duetie, and therefore [they] ehoosed a more
authentick clerk, one of their owne number, after the forme of
synods and presbytereis of the kirk ; a learned and honest minister
of Christ's Evangell.
" Anent the place, it was not privat, as is alledged, nor yitt with
closed doores, otherwise nor is the commoun custome of keeping of
Assembleis ; but in the ordinarie sessioun-hous within the kirk of
Aberdeene, where the synod and presbyterie ordinarilie sitteth ;
als publict an hous as ather the counsell-hous within the Tolbuith
of Dundie, where was keeped a most notable Assemblie Generall
in the moneth of Julie 1580, or the counsell-hous within the Tol-
buith of Edinburgh, where ordinarilie by the space of diverse
yeeres, twise in the yeere, the Generall Assemblie satt. But as
has beene answered, all these circumstances and formes give place,
when the essence and substance of maters stand in jeopard.
" Fyftlie and last : Concerning the precise standing with the king
upon a day. Answere : There was great cans of standing upon a
day, unlesse another day had beene appointed, for otherwise the
possessioun of our Generall Assembleis had beene interrupted and
brokin off, nather could the way have beene found ordinarilie to
convocat again a Generall Assemblie. For who had power to
appoint tyme and place therefore ? None ordinarilie and orderlie,
but a Generall Assemblie. So the day appointed by the last
Generall Assemblie being omitted and deserted, without appointing
of a new day, the possessioun of Assembleis was lost by prescrip-
tioun, and expyring. And farther, in verie deed, there were manie
just causes which might make us to feare the meaning of talking
away and dispossessing of us of a Generall Assemblie, at least the
ordinarie assemblie of our kirk : for that is ever weill to be noted,
that the Assembleis convocated by the king, by day and place ap-
pointed by him, his lawes and pi'oclamatiouns, and there were an
hundreth of them, are not the ordinarie Generall Assemblie of our
kii-k, becaus they flow from the civill magistrat ; that is, avd^wrnvn
1605. OF THE KIRK OF SCOTLAND. 315
xTigig, the ordinance of man, as the apostle Peter calleth them, and
not y^a^idfia -rcsu/iar/xoi', a spirituall gift and ordinance of Jesus
Christ, the onlie King of his kirk. These causes of feare then
follow : —
" 1. The king plainlie professeth, that he liked not our Assem-
bleis, becaus we acknowledged not the power therof to flow from
him, and that he sould preside therin.
"2. The bishops abhorred them, becaus they were their judge,
to call them to a compt for breaking of the cautiouns, wherof in
all they were all guiltie.
*' 3. The commissioners, in like maner, becaus they feared cen-
suring, and putting of them from the governement of the whole
kirk, which they had usurped, and plucked away from the General!
Assemblie, under pretence of a commissioun therefra.
" 4. We sought to have obteaned our Assemblie by all maner
of earnest supplicatioun, by the space of two yeeres and more ;
but could not obteane the same, becaus of the forme of the peti-
tioun partlie, and partlie for greater causes. The forme of the
petitioun was, that without his Majestie's stay or offence, we might
keepe our ordinarie Generall Assembleis. First, to this effect, the
synod of Fife earnestlie wrote and dealt with Mr Johne HaU, last
moderator, (before Mr Patrik Galloway, who was absent out of
the realme,) that forasmuche that there was a parliament to be for
his Majestie's coronatioun, and other most weightie effairs of the
unioun of these realmes under his Majestie's dominioun, we might
have a Generall Assemblie at that parliament, to see the estat of
the kirk, as ever had beene the custome of the kirk, since the first
reformatioun of religioun, to have a Generall Assemblie in tyme
of parliament. The said Mr Johne Hall promised to write to the
king ; and reported answere, that he had so done, but could not
obteane it. Secundlie, the Presbyterie of Edinburgh wrote to Mr
Patrik Galloway, last moderator, who was with his Majestic at
court, to the same effect ; who, after manie delaying promises, at
last wrote he sould come home to keepe an Assemblie. But after
his home comming no suche effect followed. Thridlie, the
316 calderwood's historie 1605.
brethrein of the North, after they found the Assemblie appointed
at Aberdeene in Julie 1604, to be continued till the synod of Fife,
holdin at St Andrewes in September after, and joyning with them
of that synod, besought the king's commissioner, the Laird of
Lawrestoun, there present in the synod, to the effect foresaid ;
who answered, he was repairing toward his Majestic, and there-
fore desired the commissioners of everie province to meete at Perth,
and joyne together in supplicatioun, which he sould carie, as from
the commissioners to be assembled there ; and he was in good hope
to obteane it. Fourthlie, the commissioners of the Generall
Assemblie conveenned with the king's commissioner at Perth, in
October therafter, where were also frequentlie conveenned diverse
commissioners from all the provinces and synods of Scotland, who
all agreed to make supplicatioun for a Generall Assemblie, directing
the same with the king's commissioner, and so expected good
answere, but in vaine. Fyftlie, mentioun being made of the Gene-
rall Assemblie, at the last synod of Fife holdin at Bruntiland, the
commissioner being now returned from court, and there present,
stronglie withstood it, shewing that he had expresse article in his
commissioun not to permitt it. It was desired, that the tyme and
place onlie might be appointed, how short or long so ever, that
the kirk might be putt out of suspicioun and jealousie of dispos-
sessing of them, and losing of an Assemblie for ever. But it could
not be granted. Sixtlie, the said commissioner, at the day
approaching appointed for the GeneraU Assemblie at Aberdeene,
in Julie 1605, sent letters to all the presbyterels for superseding
therof ; the which letters boore no certane day nor place, to the
which the Assemblie sould be continued. Seventhlie, the letter
directed to Aberdeene from the counsell, desired and counselled
expresselie, that the Assemblie might be left and deserted ; yea,
and the bretlu-ein w^hich conveenned there being called before the
counsell, craved, that anie day and place might be appointed for
the nixt Assemblie, that thei'e might at the least remalne some
hope of the same ; but it could not be granted. Eightlie and last,
it was, and is the commoun voice of all, to the great greefe of the
1605. OF THE KIRK OF SCOTLAND. 317
good and godlie, and triumphing of the enemeis, Papist, atheist,
and licentious, that we sould never have a Generall Assemblie
again.
" There rests now the Fourth and last point of this Apologie,
anent the King's Confessioun of Faith, as it is called, notoriouslie
published in Latine by Mercurius Gallobelgicus, upon occasioun
of a sute made by the Frenche kirk at Londoun to his Majestic,
for continuing of their priviledges, at his Hienesse' entrie in Lon-
doun ; when his Majestic, assuring them of his good affectioun
toward the true religioun, made mentioun of the said Confessioun
as an undoubted witnesse of the same. And therefore, the said
INIercurius setteth it doun in Latine, as it is also extant in Frenche,
Dutche, and all other commoun languages in Europ, for the
notable estimatioun therof. And this Confessioun of Faith fur-
nisheth an ungainstandable argument for the lawfulnesse of the
late Assemblie holdin at Aberdeene, which we stand for, closing
the mouths of all good members of the kirk, and subjects of the
realme of Scotland, from specking against the same ; and binding
them in all duetie and conscience to stand to it, unlesse they would
declare themselves apostats, and perjured in the sight of God and
the whole world. For why? the king's Majestic, the whole minis-
ters, counsellers, nobilitie, estats, and subjects of the realme of
Scotland, have solemnelie sworne and subscribed these words fol-
lowing of that Confessioun : ' To the which (viz., the true reformed
Kii'k of Scotland, and immediatlie mentiouned before) we joyne
our selves willinglie, in doctrine, faith, and religioun, and dis-
cipline, and use of the holie sacraments, as lyvelie members of the
same, in Christ our Head ; promising and swearing by the great
name of the Lord our God, that we sail continue in the obedience
of the doctrine and discipline of the kirk, and saU defend the same
according to our vocatioun and power, all the dayes of our lives,
under the paines conteaned in the law, and danger both of bodie
and soule, in the day of God's fearefull judgement.' And after a
few lynes, it foUowes : ' We willinglie, to take away all suspicioun
of hypocrisie, and double dealing with God and his kirk, protest,
318 calderwood's historie 1605.
and call the Searcher of all hearts to witnesse, that our mindes and
hearts doe fullie agree with this our confessioun, promise, oath,
and subscriptioun, so that we are not moved for anie worldlie re-
spect ; but are pers waded onlie in conscience, through the know-
ledge and love of God's true religioun printed in our hearts by the
Holie Spirit, as we sail answere to him, in the day when the
secreits of all hearts sail be disclosed.' Now, take heed I pray
you, at what tyme this Confessioun was by authoritie published,
and commanded to be sworne and subscribed, after his Majestic
and whole hous going before, by good exemple had done the same.
It was even first presented by the king's minister, Mr Craig, and
his Majestic' s commissioner, the Laird of Caprintoun, to the Gene-
rail Assemblie holdin at Glasgow, in the moneth of Aprile, in the
yeere 1581. At which Assemblie, the Booke of Policie, and Dis-
cipline of the Kirk, (so manic yeeres before, in so manic Assembleis
travelled into, perfytted, and presented to the king's Majestic and
counsell, after the Assemblie Generall holdin at Stirline by direc-
tioun of the same, 1578, gratiouslie and weill accepted of,) was
approved, and ordeanned to be registred in the bookes of the
Generall Assemblie, ad perpetuam rei memoriam, Lyke as at the
said Assemblie, by his Majestie's said commissioner approving the
discipline concluded in the said Booke of Policie, was presented
from his Majestic a platt of the presbytereis throughout the whole
realme, craving 'commissioners from the said Assemblie to be
directed, with suche as his Majestic sould appoint, for plant-
ing of the said presbytereis in everie province. The which was
done. And seing bishops were utterlie abolished in the Assem-
blie holdin at Dundie the yeere preceeding, his Majestic desired
to know how their places sould be suppleed in parliament ; as
at more lenth is conteaned in the bookes of the Generall As-
semblie, and register of the said Assemblie at Glasgow. This
cleereth sufficientlie what was then the discipline of the Kirk
of Scotland, meanned and mentiouned in the said Confessioun of
Faith ; so that farre from all doubt or questioun, our Generall
Assembleis were then most floorishing, frequent, and vigorous ;
1605. OF THE KIRK OF SCOTLAND. 319
full of reverence, gravitie, and authoritie ; the freedom and libertie
therof was the cheefe head and bulwarke of all the discipline of
our kirk, the which to impaire or brangle, was indeid to intend the
overthrow of kirk and religioun. And this was so reverenced, so
sworne and subscribed, yea, and published of new again, and or-
deanned to be of new again sworne and subscribed, with a generall
band, in the yeere 1590, before the obteaning of the ratificatioun
in jDarliament in the yeere 1592.
" This then being the discipline sworne and subscribed, darre
anie of the swearers or subscribers come in the contrare therof? or
damne the faithfull ministers of Christ for the use and practising
of it, unlesse they would prove and professe themselves apostats
and perjured ? yea, or can they refuse to obey and defend the same,
according to their vocatioun and power, all the dayes of their life,
seing it is, and stands upon the danger both of bodie and soule, in
the day of God's fearfull judgement, as the foresaid sett down
tenour of their oath beares ? Na, I am assured, that the king's
Majestie himself, (whom God preserve, and make weill and long
to live and raigne,) his honorable counsell, and all his good Chris-
tian subjects, when they have weyghed this mater, and taikin it
to heart, will be wakenned and moved to remember their oath,
will tremble, and feare that great name Jehovah, the Lord their
God, interpouned and witnessed in this mater of most great import-
ance ; and finding his servants to have done nothing contrare, but
according thereto, (as we have sufficientlie shewed in the point
preceeding,) will see them honoured and rewarded as faithfull, and
not reviled and punished as mischant.
" Of this whole discourse then it is most evident, that they are
farre deceaved, who thinke we have the power and authoritie of our
Assembleis from the king and his law, as the cheefe warrant and
ground therof. Na, our meetings in our Assembleis is an essentiall
point of the office of the ministrie of Jesus Christ, which we have
nather in whole, nor in anie part, of no earthlie king, but of Him-
self, who is King of kings, and Lord of lords. But forasmuche
as God has ordeanned kings, queens, and princes, to be nurces,
320 calderwood's historie 1605.
defenders, and members of his kirk, as the speciall end wherefore
they have receaved their authoritie and pre-eminence, and for whose
sake they are both sett up and cast doun by God ; and therefore
it is, that in all reverent submissioun, the kirk craves the benefite
of their maintenance and lawes, for the honour of Christ, his
anointed King upon his holie mountain. The which if they dueti-
fullie bestow, they sail not doe it for nought : for the Lord will
honour them that honour him ; if otherwise, he will caus them ken,
that he made them up, and can cast them doun again. And there-
fore, in all reverence to speeke it, and saving whatsoever enteresse
the good brethrein may incurre thereby, in all reasoun, they have
beene rather over obedient in leaving their d\ietie commanded by
Christ, which no man may, nor sould contramand, and not holding
out the said Assemblie, for effectuating the necessar effaires of the
kirk wherefore it was appointed, nor rebellious and contemptuous
against the king, whose estimatioun, honour, and obedience, must
stand with Christ, and his holie ministrie of his kirk, and not
against the same.
" In end, then, and conclusioun ; since it is so manifest of the
premisses, that the brethrein, commissioners of the presbytereis of
the kirk of Scotland conveenned at this last Generall Assemblie
holdin at Aberdeene, in the secund of Julie 1605, had suche evi-
dent and strong warrants for them of the Word of God, lawes of
the realm e, custorae, and constitutions of our kirk since the begin-
ning, and of that noble and famous Confessioun of Faith, there can
remaine no doubt in the heart of anie good Christian but they have
done honestlie, lawfuUie, and weill. And if so, they must have
done wiselie also ; for it is speciall wisdome, even for kings and
princes, to serve the Lord with feare, and to kisse the Sonne with
humble obedience, least he be angrie, and they perish in the way,
when for rebellioun and disobedience his wrathe is kindled. Psalm
ii. 10, 11, 12, ' Be wise, yee kings; be instructed, yee that judge
the earth ; serve the Lord in feare ; kisse the Sonne, least he be
angrie, and yee perish in the way, when his wrathe sail burne at
an instant. Blessed are all that trust in him.' So, obedience and
1G05. OF THE KIRK OF SCOTLAND. ' 321
faith in the Sonne of God is wisdom and blessednesse. To pre-
serve that hid treasure of the Gospell of peace and life ; to keepe
that pretious pearle that lightenneth the eye, and quickenneth the
heart, and stand for the honour of Christ the King, and the libertie
and freedom of his kingdom, against all suche as seeke to beare
doun and deface the same, or to usurpe or encroache therupon ;
yea, to suffer with him, that they may raigne with him, is greater
wisdome than to conqueis all the kingdoms of the earth, if Christ,
the Wisdom of the Father, be to be beleeved, saying, ' What availeth
it to a man to winne the whole world, and tyne his soule ?' And
this will be found, when it sail be said to these wise worldlings,
* Foole, this night they sail take thy soule from thee :' Also, ' I
know you not ; depart from me ; goe, yee cursed of my Father,
to the unquenchable fire, prepared for the devill and his angels,'
&c. AVhat weight or availl, for wisdom's commendatioun, then,
will it be, to have feared and obeyed men more than God ? And
that is all the follie, forsuith, that these good and faithfuU
brethrein can be accused of. In fine, then, if they have done both
lawfullie and wiselie, lett their judges take heed how they judge,
least damning the innocent, they be abominatioun before God, the
righteous Judge. Lett their persuers be afirayed they fight not
against God, least he prevaile, and cutt them in collops. Lett their
fellow brethrein be honest and true, and fracke with them in the
cans, as they would be partakers of the kingdom, least they heare
that doome, ' Take this unfaithfull servant, bind him hand and
foote, and cast him in the dungeon of utter darknesse.' That will
be a Blacknesse. Lett them that thus strike and imprissoun their
fellow servants, and sitt doun, and eate and drinke with the
drunken, feare for the comming of the Lord to dichotomize them.
Lett all Christians remember, what Christian compassioun and
charitable duetie craves toward the afflicted brethrein, but namelie,
to Christ himself, in his sufferings. And lett the good and faith-
full servants of Christ presentlie imprisouned, to their encour-
agement and confort, heere and meditat these things which He
(that has the seven starres in his right hand, and walkes in the
VOL. VI. X
322 calderwood's histoeie 1G05.
midds of the seven goldin candlesticks ; who is the first and tlie
last ; who Avas dead, and is alive for evermore : Amen) sayes, ' I
know thy workes, and tribulatioun, and povertie, (but thou art
riche :) and I know the blasphemie of them which say they are
Jewes, and are not, but are the synagogue of Satan. Feare not
for these things which thou sail suffer. Behold, it will come to
passe that the devill will cast some of you into prisoun, that yee
may be tryed ; and yee sall^ have tribulation ten dayes. Be thou
faithfull unto the death, and I will give thee the crowne of life.
Come, come, Lord Jesus. Amen.' "
THE WAIRDED MINISTERS' APOLOGIE.
This apologie, penned at this tyme upon the occasioun foresaid,
was sent to the wairded brethrein, after the things done at the
synod of Fife. The imprisouned brethrein sent their owne Apo-
logie about the same tyme, when Mr Johne Hall went up to court,
dated the secund of September, as followes : —
" To the most high and excellent Monarch, our gratious
and dread Soverane, James, by the grace of God King
of Great Britaine, France, and Ireland, Defender of
the Faith, &c., grace, mercie, and peace from God, the
Father of our Lord Jesus Christ, be multiplied.
^' Please your most excellent Majestic to vouchsafe a gratious
eare unto us, in declaring to your Majestic the true historic of our
whole proceedings in our last Assemblie at Aberdeene, which, we
feare, has beene ignorantlie of some, or of purpose by others, mis-
reported to your Majestic ; which, we doubt not, has beene the
cans of this our imprisonment, and hard handling of us your Majes-
tie's faithfull and loyall subjects, and the servants of your God, as,
we are assured, your Majestic is fullie perswaded. The cans of our
long silence (most gratious soverane) was partlie the cleere evi-
dence of our fact, and equitie of our caus, which we thought could
1G05. OF THE KIRK OF SCOTLAND. 323
not possiblie have beene so farre misinterpreted by anie unto your
Majestle, as by the experience of these five Aveekes' imprissoun-
ment we have learned ; and partlie, becaus we thought the report
of our answere before your Majestie's honourable counsell sould
have sufficientlie cleered us in that mater. But, notwithstanding
of all these things, our greeves and imprisounment still continuing,
we are now forced to breake off our silence, and to sett doun the
true narratioun of our whole proceedings, and of the grounds that
moved us thereto, as in the sight of our God, who sail judge the
secreits of all hearts one day. The which, in all reverence, we
offer unto your Majestie's favourable consideration and wise judge-
ment, who, as an angeU of God, can discerne of the truthe and
equitie of these things.
" It is not unknowne to your most excellent Majestic, that in
the Assemblie holdin at Halyrudhous, in November 1602, wherin,
upon the greefe that the Generall Assemblie was not ordinarilie
keeped, notwithstanding the acts of parliament and Generall
Assemblie, and necessitie of the tyme, but that the dyets therof
were altered, without the knowledge of the presbytereis and synods,
it was found enacted for remeed therof, that the Generall Assem-
bleis sould be appointed and keeped, according to the act of parlia-
ment holdin at Edinburgh, the 5th of June 1592, with your Majes-
tie's consent, it was ordeanned that the nixt Assemblie sould be
keeped at Aberdeen the last Tuisday of Julie 1604. The which
day approaching, the commissioners of the Generall Assemblie,
with your Majestie's commissioner, notwithstanding of the foresaid
ordinance, sent their letters to presbytereis, advising them to con-
tinue the Assemblie to the first Tuisday of Julie 1605, at the
farthest, and sooner, if they sould be advertised ; declamng the
same to be your Majestie's pleasure. For the which respect, the
presbytereis acquiescing thereto, expected continuallie new adver-
tisement, considering and seing the manifold urgent necessiteis of
a Generall Assemblie, for keeping of the puritie of doctrine and
discipline, for preservatioun of unitie, repressing of scliismes,
atheisme, licentiousnesse, and opin scandalls, receaving of appella-
324 CALDERWOOD's HISTORIE 1605.
tiouns, and suppressing the Insolencie of Papists ; all which did
grow exceedinglie through the delay of the same, and was like to
encreasse farther, to the renting of the kirk, corrupting of the wor-
ship of God, overthrow of discipline, and abounding of all maner
of iniquitie, as miserable experience has over-cleerelie taught these
yeeres bypast. Therefore, at diverse tymes, earnest travell was
taikin by the presbytereis and synods, that supplicatioun might be
made to your Majestic for haisting the dyet of the said Assemblie.
So that on our part there laiked no duetie in that point toward
your Majestic, as the record subsequent of our dealing will testifie.
" First, the synod of Fife earnestlie wrote and dealt with Mr
Johne Hall, last moderator, (before Mr Patrik Galloway, in his
absence with your Majestic,) who promised to write to your
Majestic for a Generall Assemblie ; and reported that so he did,
but could not obteane it. 2. The presbyterie of Edinburgh wrote
to Mr Patrik Galloway, to intreate your Majestic heerin ; who,
after diverse delaying answers, at last said he sould come home to
that effect. But after his home comming, no effect followed.
3. The brethrein of the North came from the synod of Aberdeene
to the synod of Fife in St Andrewes, and joyning with them,
besought your Majestie's commissioner for haisting the Assemblie ;
who shew, he was going straight to your Majestic, and desired the
whole province to joyne together, and make supplicatioun by him
and the commissioners to your Majestic, and it sould be obteaned.
4. The commissioners, from manic of the provinces of Scotland,
conveenned at St Johnstoun in October last, with your Majestie's
commissioner, and commissioners of the Generall Assemblie, and
all agreing in one, did make supplicatioun for a Generall Assemblie
unto your Majestic, by your Majestie's commissioner ; the which
was promised and expected, but in vaine. 5. Beside the sute of
other synods to your Majestic, as, namelie, the synod of Lothiane,
holdin at Tranent, anno 1604, wrote a letter to your Majestic to
that effect, both penned and caried by the Bishop of Glasgow ; the
last synod of Fife, holdin at Bruntiland, made mentioun of the
Generall Assemblie to your Majestie's commissioner, who stronglie
1G05. OF THE KIRK OF SCOTLAND. 325
■withstood It. Being desired that the tyme and place might be
appointed, how long or short so ever, that the kirk might be putt
out of jealousie and suspicioun of losing and dispossessing them of
the Assemblie, he could no wise be moved to grant it. Thus,
having used all possible raeanes for obteaning your Majestie's con-
sent for hastening our Assemblie, at last the appointed day by the
commissioner's former letter of continuatioun drawing neere, the
presbytereis and synods seing the manifold inconveniences foresaids
alreadie risin, thi-ough the delay of it made heeretofore, contraric
both to former ordinances of the last Generall Assemblie, and con-
tinuall practise and custome of the kirk, and manic moe and greater
likelie to arise of the deserting therof, which would necessarilie
have followed, if that day had not been keeped ; first, becaus that
dyet being expired, there could not another dyet be appointed by
the kirk, according to the ordinarie custome and ordinance therof,
the Assemblie preceeding ever appointing tyme and place of the
subsequent : Secundlie, nather could your Majestie's commissioner,
being earnestlie requeisted thereto, be induced to appoint anie
tyme long or short ; nather did the last letter directed from the
commissioners for staying the last dyet, designe anie other definit
tyme for keeping of the same : The presbytereis and synods being
moved by these consideratlouns, they directed their commissioners
to keepe the Assemblie ; some wherof had not receaved the letter
of stay before the tyme of the Assemblie, others receaved it after
they were directed by their presbytereis, others so short a tyme
before, that no deliberatioun could be taikin for eshewing the for-
mer Inconveniences, but to keepe the dyet. Of the which commis-
sioners, some keeped the first Tuisday of Julie, which was the
Bccund day therof, according to the first letter of prorogatloun sent
by the commissioners from Perth, 4th Julii 1 604 ; others came not
till Thursday and Fryday, the fourth and fyft dayes of that
moneth, becaus the last letter directed from Edinburgh In Junie
last, which was subscribed by the said persons that subscribed the
former for staying of the said Assemblie, did advise the presby-
tereis not to keepe the said fyft day of Julie. The which error of
326 calderwood's historie 1605.
the letter, (whether of purpose or not, we know not,) as It was the
cans that stayed sindrie commissioners that were purposed to
keepe the same, being disappointed of the day by theiiiversitie of
the dyets specified in the two letters, so it was the caus, that suche
as came to Aberdeene did not all keepe one dyet.
" And hitherto have we declaired unto your Majestic the truthe
of the cans and ground that moved both our synods and presby-
tereis to send, and us to obey them. The which, becaus we feare
that they have not come to your Majestie's knowledge, therefore
have we shortlie sett them doun, that your Majestic may under-
stand both our carefulnesse to procure your consent, as also, the
necessitie that moved us to keepe the appointed day and place of
the foresaid Assemblie : Protesting, in the sight of our God, that
it was not of anie purpose to offend your Majestic, muche lesse to
contemne or misregarde your Plienesse' authoritie.
"Now, we humblie implore your Majestie's favour, patientlie to
heare the simple truthe of that which was done of all that came,
both first and last, to that Assemblie. As to these that came the
first day, this is the whole substance and forme of their proceed-
ings. After the serraoun, being purposed to beginne the Assem-
blie, according to the order and custome of the kirk, we missing
the moderator, and supposing sindrie of our brethrein to be stayed
by injurie of the weather, we conveenned in the kirk, with the Laird
of Laurestoun, your Majestie's commissioner. By mutuall con-
sent, we continued our doun-sitting till two afternoone, at which
tyme we mett in more frequent number in the sessioun-hous, with-
in the kirk of Aberdeen ; and immediatlie after incalling of the
name of God by Mr David Rait, last moderator of the provinciall
assemblie of Aberdeene, we sent for the ordinar clerk, who came
to us. In the meane tyme, the Laird of ^Laurestoun entered in
our Assemblie, and sitting doun among us, presented a missive
letter from the lords of your Majestie's Secreit Counsell, directed
to the ministrie conveening in their Assemblie at Aberdeen,
desiring the same to be read and answered. To whom it was
answered, that the said missive being directed to all, it could not
1G05. or THE KiKK or Scotland. 327
be orderlle receaved, read, nor answered, wliill a moderator was
lawfullie chosin by the mouth of the whole, in respect it behoved
the servants of Christ, conveened in his name, to doe all things in
comelinesse and order. Wherupon, the Laird of Laurestoun
liaving named Mr Johne Forbesse to be the mouth for the rest,
yitt seing the Assemblie would proceed to an orderlie electioun, he
removed himself, without anie urging of the Assemblie, or refusall
by them of his presence, onlie of his owne accord, and that (as he
himself declared) he might eshew to be querrelled, for seeming to
approve the said electioun by his presence, incace it sould happin
that he and we could not agree. After his removing, we desired
Mr Thomas Nicolsone, ordinarie clerk, to remaine with us to doe
his office, who refused, till he sould see how the issue of our doings
sould content the Laird of Laurestoun ; and so, likewise, removed
himself. Therafter, Mr Johne Monro, Mr Johne Forbesse, and
Mr Robert Durie, who were nominated upon the leit, being to
remove, the Assemblie, willing to acquiesce to the Laird of Laures-
toun's nominatioun, did stay them all in one voice, agreeing, that
Mr Johne Forbesse sould be moderator, this forme being before
practised in the Generall Assemblie ; and after incalling of the
name of God by him, we did choose Mr Johne Schairpe clerk for
that tyme, receaving no new oath of him, in respect of the oath of
faithfull obedience givin by him at his entrie to the ministrie, which
is a commoun practise of the kirk in their Assembleis. After the
which electioun, the foresaid missive was reverentlie read and
heard, and by the moderator cleerelie takin up in two points :
First, anent dissolving of our present Assemblie ; and, Secundlie,
that no new dyett sould be appointed, till your Majestic were
acquainted therewith.
" Which two points being orderlie propouned to the Assemblie,
and their judgement craved theranent, after deliberatioun it was
concluded, that they would leave the treatting of all maters to a
new Assemblie, and so satisfie the first point. As to the secund,
it was thought needfull to appoint a new dyet, for the reasouns
sett doun at lenth before. Notwithstanding, it was lliought meete,
328 calderwood's historie 1605.
before the appointing therof, to acquaint the Laird of Laurestoun
therewith, and to desire him to nominat a certane day, long or
short, to which we were resolved to condescend. He being
returned to the Assemblie, at our requeist, the moderator declared
unto him the judgement of the brethrein anent the heads of the
missive. As to the first, he found himself weill satisfied with their
conclusioun. But tuiching the secund, he refused to designe anie
tyme, long or short, albeit the Assemblie assured him, that upon the
reverent respect they had to satisfie your Majestie's desire, they
would be als readie then as now, to continue again to a certane
day, if your Majestic sould desire them. Therafter, by long
reasouning, he being brought to consider the expediencie and neces-
sitie of that point, albeit he nather could nor would condescend
therto, becaus, as he affirmed, he had a warrand to that effect, the
Assemblie declared to him, that it behoved them to appoint a day
for the reasouns foresaid. Wherupon he again did Avillinglie
remove himself, notwithstanding he was desired by some of the
brethrein to remaine, to heare and see what sould be concluded
heeranent. And this he did for the same caus wherefore he
removed at the first, as he himself openlie declaired. In whose
absence, first and last, the doore was alwayes readie to him or anie
that desired to enter. After his departure, the intreatting of all
maters of the Assemblie was continued till the first Tuisday of
September nixt, at Aberdeen, and intimatioun therof ordeaned to
be made to all presbytereis, according to the order and custome
observed in suche caces. Which being done, and we about to
dissolve without anie farther, the Laird of Laurestoun returned
again, and protested he did not acknowledge our meeting for a
lawfull Assemblie from the beginning, becaus of absence of the
moderator of the last GeneraU Assemblie, and ordinarie clerk ; to
the which the moderator, in name of the brethrein, answered, that
it behoved to be lawfull notwithstanding his former reasouns ; and
that, in respect of the warrant of God's Word, the lawes of the
countrie, constitutiouns, continuall custome, and practise of the
kirk, and particular warrant of that day arnd place, subscribed both
1G05. OF TUE KIRK OF SCOTLAND. 329
by himself and Mr Patrik Galloway, moderator of the last
Generall Assemblie, and Richard Thomsone, as clerk to the com-
missioners therof : And farther, your Majestic knowes, that the
register of the Assemblie beares, that the absence of the preceeding
moderator and ordinarie clerk has never beene impediment to the
holding, or prejudicial! to the lawfullnesse of our Assembleis.
With this, the Laird of Laurestoun caused Johne Wishart, mes-
singer, to charge us with letters of horning, to suffer our present
Assemblie to desert, we having alreadie concluded to dissolve,
upon the desire of the Lords of Secreit Counsell's letter, to which
we offered and gave instant obedience. And the moderator, in
name of the brethrein, craved documents in the hands of the
messinger therupon, he being also a notar ; who refused the same
to us, in presence of divers witnesses. And immediatlie therafter,
the moderator gave thankes to God, dissolved the Assemblie ; and
we past all to the commoun clerk's chamber of Aberdeen, and tooke
instruments of our obedience to the foresaid charore. AVhich was
the onlie charge that ever we heard of, first or last, ather by publict
or privat intimatioun or knowledge, as we sail answere to God in
that great day when the secreits of all hearts sail be disclosed.
Of the which charge, no mentioun or report was made at all to the
Lords of your Majestie's Secreit Counsell, but of another charge
alledged, givin by virtue of the same letters on Moonday, the first
of Julie, by opin proclamatioun at the Mercat Croce of Aberdeen,
before two witnesses allanerlie, both the said laird's servants of his
owne companie, no living soule ather of the indwellers or others
for the tyme present in the burgh being witnesse thereto ; albeit it
be of veritie, that we are able to prove diverse honest and famous
persons to have beene continuallie present in the opin mercat place,
and therabout, from the entrie of the said Laird of Laurestoun
within the toun, till about eight houres at night, who could not
have beene ignorant, if suche charge had beene givin publictlie, as
is alledged. Wherupon it is evident. First, that the warrant of
our Assemblie is lawfull. Nixt, that we mett upon no contempt
and misregard of your Highness' lawfull authoritie. Thridlie, that
330 calderwood's historie 1605.
we removed not your INIajestie's commissioner from us, nather first
nor last, his removing being alwayes voluntarie ; nor yitt did we
debarre him, when he pleased to be present. Fourthlie, that we did
nothing Avithout his privitie and his consent, craved in everie thing,
and obteanned in some things. And these things that he consented
not imto, he declared plainlie that it was not becaus they were not
equitable, but for avoiding a querrell against himself, for appearing
to approve them. And, last, that we did not contraveene anie
charge givin us, or intimated unto us. And this is all that was
done on Tuisday.
" As concerning the brethrein that were disappointed of the right
day, by the errour of the last letter, finding the Assemblie to be
dissolved before their comming, and having receaved a subscribed
copie of the proceeding therof, they past together to the place
where the Assemblie was holdin, and for the discharge of their
commissiouns, tooke publict documents in the hands of two notars,
that they were come to keepe the said Assemblie ; and finding the
same dissolved, they did ratifie, allow, and approve the proceeding
therof, in their owne names, and in the name of the presbytereis
that sent them. And this is the truthe of all the proceedings of
them who both first and last came to Aberdeen, to keepe the said
Assemblie. Which things being done, we went to our owne
charges ; and at our first meeting with our presbytereis, according
to the order observed in suche causes, we reported our proceedings
according to our commissioun, which they allowed in all points.
" This then being the cans (Most Gracious and Dread Soverane)
wherefore we are thus dealt with, and yitt still deteaned in prisoun,
as we have beene these five weekes past and more ; whereby our
bodeis are weakenned through infirmitie, our selves and our famileis
superexpended and pauperized, 'our soules deprived of the con-
fort both of publict and privat dueteis which we ought in our
callings to our congregation and brethrein ; and last of all, our
congregatiouns scattered, and their soules famished for want of that
bread of life ; licentiousnesse and impietie growing among them,
to the dishonour of God, and grcefe of the godlie, and procuring
1G05. OF THE KIRK OF SCOTLAND. 331
of God's fearefull judgements, both temporall and etemall, and all
for want of the blessed mlnistrie, whereby they are keeped in
obedience to God, and reverent subjectioun to your Majestic, and
that spcciallie, at suche a tyme, wherin the Lord by his destroying
angell is fearfullie striking in sindrie parts of the land, and some
of our congregatiouns ; wherefore we, in all humble reverence,
beseekc your Most Gracious Majestic, as the Lord's lieutenant
hcere on earth, who has receaved power and authoritie from him
for the maintenance of the good, and punishment of the evill, that
not onlie our persons, but also our causes, may be favourablie re-
garded, which is not ours, but Jesus Christ's, to witt, the freedom
and liberteis of our Assemblie, wherof the General! has beene the
sinew, band, and strenth, and life of all the rest ; without the
which they cannot be keeped in puritie, nor the foresaid incon-
veniences eshewed. Which Assembleis are so cleerelie warranted,
first, by the Word of God, wherof your Majestic is so sufficientlie
instructed, that it were needlesse for us to prove the same, it being
so publictlie preached, professed, allowed, and practised in our
kirk, now by the space of fourtie-five yeeres or thereby, so that
none can justlie pretend ignorance therof : Nixt, approved by the
highest lawes in this your Majestie's kingdome : Thridlie, by the
constitutiouns, customes, and practise of our kirk since the yeere
of God 1560, reverenced and decored by your Majestie's royall
presence at sindrie and diverse tymes : And last of all, by that
notable Confessioun of Faith, called the King's Confessioun, pub-
lished in Latine by Mercurius Gallobelgicus, and translated in
Frenche, Dutche, and other languages, for the notable estimatioun
therof; wherunto, not onlie we of the ministrie, but all your
Majestie's subjects of whatsoever estat, by your Majestie's publict
authoritie are become bound by subscriptioun and oath, promising
and swearing, by the great name of the Lord God, to continue in
obedience of the doctrine and disciphne of this kirk, wherof our
Generall Assembleis have beene the head and bulwarke of all the
rest ; and to defend the same according to their vocatioun and
power, all the dayes of their lives, under the paines conteanned in
332 calderwood's nisToiiiE 1G05.
the law, and danger both of bodie and soule in the day of God's
feareful judgement.
" Heerefore, in respect of the whole premisses, we doubt not but
your Majestie will have consideratioun of our persons, callings,
famileis, and congregations, and that same clemencie and favour
which we have ever found in all our greeves and supplicatiouns at
your Majestie's hand, when we had your Majestie's most gracious
presence ; that same now, muche more hope we, that this our
humble supplicatioun will find with your Majestie, for us that are
now shutt up in prisoun, that we cannot have our wounted accesse
unto your Majestie. Confortour hearts, (most gracious Soverane,)
not onlie by our owne libertie, but also by giving out that com-
mandement, that was givin by Artaxerxes to Ezra, etc., that everie
one who is willing may goe and serve the Lord your God, in all
the wounted worship and ordinance whereby he has beene served
in this your Majestie's land, under your Hienesse' governement,
with such a blessing to your Majestie's kingdome and people, that
never anie other had a greater; and whatsoever is by the com-
mandement of the God of Heaven, that it may be done speedilie, for
the house of the God of Heaven. For why sould he be wrothe
with the realme of the king and his children ? And whosoever will
not doe the law of the Lord your God, and the law of the king,
lett him have judgement without delay, that all the people of your
Majestie's land, and all the kirks everie where, may more and more
blesse the Lord our God, who has putt in the king's heart to
beautifie the Lord's hous which is in Scotland.
" And thus prostrating ourselves at your Majestie's feete for the
gratious consideratioun of our caus, and libertie of our persons, we
wishe to your Majestie, upon the knees of our hearts, the multipli-
cation of all spirituall blessings in Jesus Christ, the stabilitie of
your throne in peace and righteousnesse, lenth of dayes, increasse of
honour, prosperitie and peace in this life, and etemall life heerafter.
"From Blacknesse, the 2d of September 1605.
" Your Majestie's most obedient subjects in the Lord,
and humble supplicants."
1G05. OF THE KIRK OF SCOTLAND. 333
Upon the 26th of September, a warrant is glvin out at Hampton
Court, for hokling an Assemblie at Dundie, the last Tuisday of
Julie, (but in what yeere never a word, and so to be holdin ad
GrcBcas calendas,) to stoppe the mouths of unquiett spirits, and
raisers of that false scandall, of alteratioun of the discipline autho-
rized, and priviledges of the kirk, by a suddane and unseasonable
laying on at this present, the rites, ceremoneis, and whole ecclesi-
asticall order established in the Kirk of England, as was alledged
in the proclamatioun, the tenour wherof followeth, (page 338.)
Upon the thrid of October, this letter following is directed to
the Presbyterie of St Andrewes, from the counsell : —
" To our trust freinds, the Ministers of the Presbyterie
of St Andrewes.
" After our verie heartilie commendatiouns. Wheras his Ma-
jestic is crediblie informed, that the order taikin by his Majestie's
commandement, with the few number of these of the ministrie
that, contrarie to his Majestie's warrant, charge, and desire of the
counsell, attempted to hold a Generall Assemblie no wise allowed
by the best and most part of the Kirk of Scotland, hath bred some
disquietnesse in the minds of the people, has armed some of the
insolent sort to despise and misregard the ministrie, and has em-
boldened the Papists to expect impunitie, as if his excellent
Majestic and his officers sould be so bussied with the repressing of
the enormiteis and unruelie accidents that have flowed from that
first disobedience, that their libertie sould be thereby encreassed,
and the executioun of the lawes against them sould surceasse : It
has therefore pleased our Most Gracious Soverane, out of that
tender care that his Majestic has of the maintenance of that
undoubted truthe that his Majestic has ever professed, and for
preventing of these inconveniences that of the present jarres
may arise, to command us, by these presents, to signifie to all the
particular presbytereis within this kingdome, that howbeit this little
handfuU of discontented spirits has done what in them lyeth, to
334 calderwood's histokie 1605.
animat his Majestie against the whole estat of the kirk, that suche is
his fatherlie love to have the sinceritie of religioun established for him
and his posteritie, to the world's end ; to have the preachers therof
honoured, and regarded in their calling ; to have the enemeis rooted
out, and trode under foote, and the lawes executed with all rigour
against them ; that it is his Majestie's gracious will and pleasure, that
as in love he will have their factious brethrein to be corrected, to the
terrour of some who may be enduced into the like errour, and con-
tentment of the best of the ministrie, who feare the dangerous
events that suche enormiteis may produce ; so, in justice he will
have none of his subjects in no degree to escape their due punish-
ment, that darre presume in word or deed to offend, despise, or
contemne anie one of that professioun, muche lesse, that anie one
of an opposite religioun sail expect anie impunitie ; but upon the
delatioun of anie minister, or other subject w^iatsomever, sail be
called and punished in all severitie : According to the which his
Majestie's most religious and princelie commandement, we have
thought good by these presents to signifie unto you his Majestie's
royaU pleasure, and our most willing dispositioun in everie point,
by our best endeavoures to accomplishe the same ; hereby ear-
nestlie requiring you, that if anie subject sail presume to offer anie
injurie or wrong to anie minister within your bounds, or if anie
Papist, Jesuit, Seminarie preest, excommunicated persoun, sail
publictlie or privatlie have anie recept, supplee, maintenance, or
favour within your said bounds, that yee immediatlie delate the
same to us, or to his Majestie's advocats and their deputeis ;
furnishe sufficient informatiouns, wherupon processe may be de-
duced : After the which, we sail not faile to see the lawes putt in
executioun against them, without anie spairing, as we sail be
answerable to his Majestie upon our highest perrell. Thus, not
doubting of your charitable judgement of all his Majestie's most
just and religious proceedings, founded upon the remembrance of
his dealing which was with you, and of your zealous prosecuting
of all klnde of contempt that may staine the puritie of your pro-
1G05. OF TOE KIRK OF SCOTLAND. 335
fessioun ; and of your efFakl concurse Avith us, In all things that
may tend to the peace of the kirk, we committ you to God. From
Perth, the 27th of August 1(305. " Al. Cancellarius.
" J. Secretar."
The presbyterie ordeaned Mr James Melvill to penne an an-
swerc, to be sent to the counsell, which followeth : —
" To our verie good Lords, the Lords of his Majestie's most Hon-
ourable Counsell. — After our duetie with all humilitie and reverence
in the Lord premitted. Please your Honours understand, that wc
receaved your Lordships' letter of the date from Perth, the 27th
of August, being together at our presbyterie the thrid of October ;
and, therefore, the late deliverie of your letter makes our an-
swere to be so long of returning to your Lordships. We thanke
God with all our hearts, for his Majestie's fatherlie love, to have
the sinceritie of religioun established for him and his posteritie to
the world's end, and to have the preachers therof honoured and
regarded in their calling; to have the enemeis rootted out, and
trode under foote, and the lawes executed with all rigour against
them, and so furth, as your Lordships' letter beareth at lenth. And
we pray God most earnestlie, to grant his most excellent Majestic
heere on earth a long and prosperous raigne, with health, wealth,
and high honour, and suche abilitie of gifts and graces from above,
as may bring furth a constant and faithfull kything of the same :
As also, to his Hienesse' posteritie, even to the world's end, for
advancement of the kingdome of Christ, and his and their eternall
rai2;nin2; with him in heaven's gflorie.
" But anent the narrative of your letter, may it please your Hon-
ours to heare the truthe of our hearts, as becomes the messinoers
of the Lord Jesus to deliver the same freelie and plainlie. We
are even wounded with sorrow and greefe, that our deere sove-
rane being so godlie, and loving, and wise a king, shynning among
Christian princes as the mo one among the starres, by evill infor-
matioun, and for want of good counsell, sould offer suche occasioun
of disquietnesse in the mindes of people, and arme the insolent
336 calderwood's historie 1605.
Atheists and Papists to despise and misregarde the ministers of
Christ ; or rather, most humblie on our knees craving his Ma-
jestie's pardoun, that in anie thought of heart, or word of mouth,
we sould impute anie thing to his Hienesse, we must thinke it
strange that your Honours, his Majestie's officers of justice, the
legges and armes, hands and feete of his sacred persoun in governe-
ment of this realme, sould offer suche occasioun, not to the people
or congregatiouns of his most excellent Majestie's dominiouns
onlie, but to all Christians throughout all Christendome, as for a
bare mint to the discharo;incj of a most necessar duetie to Christ
and his kirk, upon the evident warrants of the Word of God,
constitutiouns and customes of our kirk ever since the Refor-
matioun, Confessioun of Faith published so oftin by the king's
Majestic, and now translated in all Christian languages, expresse
lawes of the countrie, and appointment of a certane day by his
Majestie's commissioner in ecclesiastick causes, and commissioners
of the Generall Assemblie of the Kirk of Scotland, to have plucked
away so manic of the most learned, godlie, and faithfull pastors of
the kirk from their flockes, charges, and kirks, in so pitifull a
tyme of the fearefull hand of God lying on them by this plague of
pestilence, and unseasonable weather in tyme of harvest, and to
have cast them, as malefactors, in wairds and prisouns.
*•' The number yee call few of discontented spirits and factious.
It is true, that a few number keeped that Assemblie. But it is
als true, that the commissioners of the whole presbytereis of Scot-
land sould have keeped, and Avould have keeped, the day appointed,
if extraordinarie tempest of weather, and policie used, had not
stayed them. And as for discontented spirits, if yee would have
the number showed you, it is of the whole Kirk of Scotland,
excepting a verie few, who, for their owne advancement in the
world, is about to overthrow the heavenlie kingdome of Jesus
Christ, so notablie established and so long continued within this
realme. And as for the factioun, they have no other than that
from the beginning of the light of the Gospell within this yland,
and wherof who are sure, will yitt give their lives, and all that
1605. OF THE KIRK OF SCOTLAND. 337
they have, for the keepmg of the same, against whatsomever endea-
vours of Papists, atheists, libertins, and licentious ; and if they be
straited to the uttermost, will committ it to God, and resolve to
dee therefore. Continue in this course who so will, ather they will
find another number of discontented spirits, and bodeis both, as
they cannot represse, or then Christ will take his owne caus in his
owne hand, and weild that scepter of yron, to breake the greatest
in schairds, as earthen vessells. Call this fierie, call it foolish, call
it phrenetick as men will, the terrour of our Lord, who may cast
both bodie and soule in everlasting and unquenchable fire, and the
duetie, love, and care that we carie toward our deere soverane,
moves and compells us therunto. The Lord save our most
Christian king and dread soverane from persecuting and scourging
Christ Jesus, in the persouns of the poore ministers ; and require
it not at his hands that which is done alreadie, to manie thow-
sands of his Majestie's best subjects, that are hungered for want of
the foode of their soules ; but at the hands of evill informers and
wicked counsellers, unlesse they repent and amend. Be it as we
will be thought to be mad, and out of our witts, yitt the Lord
knowes, it is to God, to the weale of his Majestic, and your
weales, his honourable counsellers. And however yee thinke and
accept of it, we have thought it best, and made choice rather to
fall in the hands of men, nor of an evill conscience, to the perdi-
tioun of our soules, and of suche as are concredited to us. The
Lord preserve his Majestic from being animated (as yee write)
against the whole estat of the kirk, for that were too great a partie
for all the powers in earth. We are compelled by our office, as
we must be answerable in name of the King of kings, the Lord
Jesus, to counsell you counsellers, to remember the counsell of the
Holie Ghost in the secund Psalme, saying, * Be wise, yee kings ;
be instructed, yee judges of the earth. Serve the Lord in feare,
and rejoice in trembling. Kisse the Sonne, least he be angrie,
and yee perishe from the way when his wrathe sail suddanlie
burne.' As for our brethrein, they have done nothing, but upon
a commissioun from the presbytereis, and a report again of their
VOL. VI. Y
338 . calderwood's historie 1605.
doings, approved and allowed. And if we who gave them that
commissioun sould leave them, we might justlie be esteemed vile
and unhonest. Therefore, thinke them not a handfuU, nor so few ;
for the moe yee seeke, the moe yee will find, till your prisouns be
full, and the countrie emptie of the best. Therefore, if anie thing
be amisse, it is the presbytereis, and not these commissioners, that
sould be punished, whose judges ordinar in these maters is the
Synodall and Generall Assembleis, according to the lawes ; the
which, if yee will overpasse in the cheefe maters and priviledges
of the kirk, thinke not but the preparative will be taikin up by all
the estats of the realme. And if so be, lett your Wisdoms con-
sider, what peace and unioun that may procure. Thus with all
humilitie beseeking your Honours to take in good part the free
uttering of that which all godlie and good men meane, we pray
the God of wisdom and peace to make your Honours wise in him,
and faithfull, in giving counsell for the peace of the kirk and
kingdome. From Pittimveme, the 8th of October, 1605."
In the meane tyme, perceaving that it was spokin plainlie, and
evill taikin with by all the ministrie, that the Generall Assembleis
were cleane taikin away, and never one to be permitted again in
Scotland, they thought meete, that a Generall Assemblie sould be
appointed and proclamed by the king, to take away that offence,
and yitt to keepe his usurped right in that mater, as though no
Assemblie sould or could be keeped without his appointment and
ordinance.
The copie of the proclamatioun foUoweth, more English like
nor Scotish : —
" By the King.
"Wheras we have, ever since it pleased God to establishe us
in the imperiall throne of Great Britaine, equallie regarded the
good of both the late kingdoms of Scotland and England, now
happilie united in our royall persoun in one monarchic; ever
minding to continue and mainteane the good and lovable customes
1G05. OF THE KIRK OF SCOTLAND. 339
and lawes, whereby eache of them has beene, these manie ages, so
worthilie governed; neverthelesse, some malicious spirits, ene-
meis to that commoun tranquillitie so muche desired by us, for-
getting the manie proofFes, both publict and privat, Avhich we have
givin, of that our gi*acious affectioun to that our native and ancient
countrie of North Britain e, (of the freedome, libertie, and privi-
ledges wherof, we have at all occasiouns taikin so speciall a patro-
cinie, as the solemne assembleis of the estats of South Britaine,
and commissioners from the estats of both kingdoms, have beene
eye-witnesses,) have not beene ashamed to labour to pervert the
mindes of our best affected subjects, that wheras the insolent
and factious cariage of some of them both merited most severe
animadversioun, they would insinuat themselves into the conimi-
seratioun of the multitude, by assuming unto them a glorious pro-
fessioun, of the mainteaning of the jjriviledges and authorized
discipline, intended by us, as they affirme, to be utterlie over-
throwne, by a suddane and unseasonable laying upon them at
this present, the rites, ceremoneis, and whole ecclesiasticall order
established in the church of this part of our kingdome of Britaine :
And as we have ever carefullie regarded, how convenient it
is to mainteane everie countrie in that forme of governement
which is fittest, and can best agree with the constitutiouns therof,
and how dangerous alteratiouns are, without good advice and
mature deliberatioun ; and that even in maters of the order of
the kirk, in some small ylands under our governement, we have
absteaned from suffering anie alteratioun ; so doubt we not, but
our good subjects will never be that credulous, contrarie the
knowne truthe which hath ever appeared cleerelie in all our
actiouns, as to be in anie doubt, but that in all our proceedings
we have beene patrons of religioun and justice, inseparable con-
servers of all monarcheis, so hath all our studie and care ever
beene, to retrinche and reforme all courses, that caried anie pre-
judice to that integritie wherat we have ever aimed. And as by
so manie good lawes sett furth in our governement, justice hath
atteaned to another perfectioun and splendour, than it had in anie
340 calderwood's historie 1605.
of our predecessors' tyme ; and with painefuU and unpleasant
businesse, we have, in the discipline of the kirk, tane away in-
numerable abuses and corruptiouns, which, if they had not beene
remedeid, had brought the puritie of religioun in extreme danger ;
yitt we hope, that none darre be so impudent as to affirme, that
by anie soverane power or absolute commandement, we did the
same, (although we enjoyed our authoritie als freelie as anie king
or monarch in the world.) But as the diseases of the civill bodie
were ever cured by advice of our three estats, so the defects of the
church, by the helpe and counseU of these who had greatest inter-
esse in them. So as the presuraptioun of our bygane actiouns in
our administratioun whill we were present, the proofTe of our
fatherlie care toward that part of our kingdom since our residence
heere, may be sufficient to secure us against all suche malicious
calumneis. And howsoever in rule of policie, we can not but judge
it convenient, that two estats, so inseparablie conjoynned, sould be
drawin to als great conformitie in all things, as the good of both
may permitt ; and that no monarchic, ather in civill or ecclesiasticall
policie, hath yitt atteaned to that perfectioun, that it needeth no
reformatioun ; or that infinit occasiouns may not arise wherupon
wise princes will foresee, for the benefite of their states, just causes
of alteratioun ; yitt are we, and have beene ever resolved, not to
make anie suddane or haistie change in the govemement of that
part of our kingdom, ather civill or ecclesiastick, but with verie
grave advice and consent of our estats, and the wisest and best sort
of them whom it most properlie concerneth ; muche lesse, to trouble
them with anie unnecessar alteratioun of indifferent and ceremonial]
maters, and that, upon suche foreseene advantages, and preven-
tioun of confusioun and evill to come, as the greatest enemeis of all
peace, obedience of princes, and order in all govemement, sail not
be able to obtrude anie inconvenient to the contrare. And as by
God's holie assistance, we have drawin that part of our kingdom
out of infinit troubles, factiouns, and cruell barbariteis, and reduced
the uttermost borders and confynes therof to God's obedience, and
acknowledging of our lawes, (an estat never heard of before, since
1605. OF THE KIRK OF SCOTLAND. 341
this yland has beene inhabited,) so by the same divine providence,
and our fatherlie care over the whole yland, we intend to transmitt
the same in good order, happie quietnesse, and floorishing policie,
to that posteritie wherewith God has blessed us, and after them,
to the world's end ; lyke as for the more verificatioun of our
honourable Intentioun, and to stoppe the mouths of these unquiett
spirits, raisers of that false scandall of alteratioun, we have ap-
pointed a Generall Assemblie to be holdin at Dundie, the last
Tuisday of JuHe,^ wherat we expect reparatioun of these disorders,
in so farre as belongeth to their censure ; and to be fred in tyme
comming of all suche calumneis.
" Givin at our Honnour of Hamptoun Court, the 26th day of
September 1605, in the thrid yeere of our raigne of Great Britaine,
France, and Ireland.
" God save the King."
Printed at Edinburgh by Eobert Charters,
Printer to the king's Majestic. 1605
This proclamatioun was printed a little before the wairded
ministers were summouned to compeere before the counsell, to
extenuat the rigour that was to be used against them ; and Mr
Henrie Blyth was sett at libertie, to gull the people. But the
imprissouned brethrein were keeped two and two in sindrie
chambers, and none could gett accesse unto them. Upon the thrid
of October, was directed from Perth a libelled summouns, at the
instance of the king's advocat, against the ministers imprisouned
in Blacknesse, Dumbartane, Stirline, Downe, charging them to
compeere personallie before the Lords of Secreit Counsell at Edin-
burgh, upon the 24th of October instant, to heare and see it found
and declared, that they have contemptuouslie and seditiouslie
conveenned and assembled themselves at Aberdeen, &c., and
therefore, the said Assemblie, and approbatioun therof, decerned
and declared unlawfuU, and so to be reputed and esteemed in all
• No mention in what yeere, and so " ad Gracas Calendas" Note in the Original.
342 calderwood's historie 1605.
tyme comming ; and they to be punished in their persons and
goods, for the unlawfull conveenning, holding, and approving of
the same. The tenour of the summouns heere foUoweth : —
THE WAIRDED MINISTERS SUMMOUNED BEFORE THE COUNSELL.
" James, by the Grace of God, King of Great Britaine, France,
and Ireland, Defender of the Faith, to our lovits, Robert Logane,
&c., messingers, shireffs in that part. Forasmuche as it is humblie
meanned and showne to us, by our trustie and familiar counseller.
Sir Thomas Hammiltoun of Monkland, knight, our advocat. That
where in the parliament holdin at Edinburgh in the moneth of
Junie, the yeere of God 1592 yeeres, there was a speciall provisioun
made, concluded, and agreed upon by our estats, in the act anent
the libertie of the Generall Assembleis of the kirk, that we or our
commissioner sould be present with the ministers at ilk Generall
Assemblie ; and being present in the toun or place where the same
held, sould, before the dissolving therof, nominat and appoint tyme
and place when and where the nixt Assemblie sould be holdin, as
in the act of parliament conteaning the provisioun foresaid is
conteaned : And true it is, that we having signified our will and
pleasure to the commissioners of the kirk, that we, for manie great
and weightie consideratiouns, could not be resolved anent the
tyme of the Assemblie, which was appointed to have beene holdin
at Aberdeene, upon the secund of Julie last, for the approaching
parliament ; the saids commissioners, according to our expresse
commandement and directioun, acquainted the whole presbytereis
of our realme with our pleasure anent that mater ; and willed and
commanded them to forbeare all conveenning and meeting, for
holding of the said Assemblie : notwithstanding it is of truthe, that
a verie few number of the ministrie, as namelie, the persons under-
writtin ; they are to say, Mr Johne Forbesse, Mr Johne Schairp,
Mr Eobert Durie, Mr Alexander Strauchane, Mr Andrew Duncane,
Mr Charles Farholme, Mr James Irwing, Mr Johne Monro, Mr
William Forbesse, minister at Kinleuchog, of whom there were
1605. OF THE KIRK OF SCOTLAND. 343
not passing eight or ten or thereby, authorized with commissioun
from their presbytereis ; at least, there were not eight or ten
presbytereis at the most, who directed and sent anie commissioners ;
most unlawfullie, contemptuouslie, and seditiouslie, misregarding
our will and commandement signified to them in maner foresaid,
conveenned themselves in fhe kirk of Aberdeene, on the said
secund day of Julie last ; and likewise, contemned the charge of
horning proceeding upon an act of Secreit Counsell, and executed
against them the day preceeding, anent their dissolving, and
suffering of their Assemblie to desert, they, on their pretended
maner, beginne to hold their Assemblie ; and the Laird of
Lawrestoun, our commissioner, being with them, and having first
presented unto them a missive letter of the Lords of our Secreit
Counsell, whereby the said lords earnestlie requeisted them to
suffer that dyet to desert : which requeist of the Lords of our
Privie Counsell, in our name, was and sould have beene acknow-
ledged and obeyed as a commandement, of all duetifull subjects.
As also, having at lenth declared unto them our will and pleasure,
that nothing sould be done at that tyme, and therafter, he himself
having altogether disassented from anie thing treatted or done by
them, they neverthelesse resolved to proceed, without removing of
suche as were upon leit, without the moderator of the preceeding
Assemblie, and the ordinar clerk, who were the cheefe and princi-
pal! persons requisite in that meeting ; they went fordward, and
most unformallie and unorderlie made choice of a moderator,
suffering them to be present at the voting of their owne electioun,
and elected a new clerk, and made indictioun of a new Assemblie :
And so on their pretended maner held their Assemblie; which
Assemblie is most unlawfuU in the self, not onlie becaus of the
discharge of the commissioners of the kirk, and charge of the Lords
of our Secreit Counsell, executed against them, and missive letter
delivered, and disobeyed as said is, and our commissioner being
present in the toun where they conveenned and mett, and altogether
disassenting from anie thing which was to be done by them,
without whose speciall advice and consent, according to our said
344 calderwood's historie 1605.
act of parliament, it was not lawful! for them to conveene to doe
anie thing ; but also, becaus the moderator of the last Assemblie
was not present, their pretended moderator was not lawfuUie
elected, their ordinar clerk absent, no lawfull clerk orderlie chosin
in his place, and a number of them not authorized with commis-
sioun from their presbytereis ; being so small, as not making the
fyft part of the presbytereis within the realme, could no way by
law, reasoun, or good order, make an Assemblie. As also, Mr
Nathan Inglis, minister at Craigie ; Mr James Greg, minister at
Lowdoun ; Johne Kosse, minister at Blair ; Mr Johne Welshe,
minister at Air, upon the fyft and sixt dayes of the said moneth
of Julie respective, resorted unlawfullie to the said burgh of Aber-
deen ; and understanding it was notour and manifest to all men
there, how unduetifullie and contemptuouslie the said ministers
proceeded to their unlawful! Assemblie, without all forme, order,
reasoun, necessitie, or preceeding exemple, conveenned themselves
unlawfullie, and ratified and approved the proceeding of their said
brethrein, contrarie our will, and the will of the Lords of our
Secreit Counsel!, declared in maner foresaid ; and tooke instruments
therupon. And therefore, not onlie ought the said Assemblie to
be declared unlawful!, but the persons foresaids, who most
contemptuouslie and unlawfullie held and ratified the same, in
contempt of us and the Lords of our Privie Counsel!, and against
the provisioun foresaid conteanned in the act of parliament, ought
to be persued and punished for the same, to the terrour of others
to doe the like.
" Our will is heerefore, yee passe, and in our name and authori-
tie command and charge the whole persons particularlie above
writtin, to compeere personallie before the Lords of our Secreit
Counsel!, at Edinburgh, or where it sal! happin them to be for that
tyme, upon the 24th day of October instant, to heare and see it
be found and declared, that they have verie contemptuouslie and
seditiouslie conveenned and assembled themselves, and proceeded
in the said actlouns the tyme foresaid ; and therefore, their said
Assemblie, and approbatioun therof foresaid, decerned and declared
1G05. OF THE KIRK OF SCOTLAND. 345
to be unlawfull, and so to be reputed, holdin, and esteemed, in all
tyme comming, and they to be punished in their persons and
goods, for their unlawfull having, holding, and approving of the
same, as said is, or ellis to shew a reasonable caus why the same
sould not be done. With certificatioun to them and they failyie,
that the Lords of Secreit Counsell will decerne and declare in
maner foresaid ; and that they compeere personallie to the effect
foresaid, under the paine of rebellioun, and putting of them to our
home, and they failyie. With certificatioun to them, and they
failyie, our other letters sail be directed simplie, to putt them
thereto, and escheat," &c.
The brethrein from all their wairds, viz., Blacknesse, Stirline,
Downe, and Dumbartane, compeering the 24th of October, gave
in first a Supplicatioun to the counsell as foUoweth : —
THE SUPPLICATIOUN OF THE MINISTERS IN WAIRD TO THE
LORDS OF COUNSELL.
" My Lords of Secreit Counsell, — Unto your Lordships hum-
blie meanes and showes, we, the ministers of the Gospell of Jesus
Christ, who have beene called before your Lordships, and impris-
souned the space of three weekes or thereby, for conveenning in the
Generall Assemblle holdin at Aberdeene, the first Tuisday of Julie
bypast : That forasmuche as we are charged de novo to compeere
personallie before your Lordships at Edinburgh, the 24th of Octo-
ber instant, to heare and see it be found and declared, that we
have verie contemptuouslie and seditiouslie conveenned and as-
sembled our selves, and proceeded in our actiouns in the said
Assemblie, and, therefore, the samine, and approbatioun therof,
decerned and declared unlawfull, as in the summouns executed
against us theranent at more lenth is conteaned : Which forme of
summouns and proceeding before your Lordships against us is
altogether prejudiciall to the authorized discipline of the Kirk of
Scotland, and contrarie to the lovable order observed within this
realme ; becaus it is of veritie, that by the warrant of the Word
346 calderwood's historie 1605.
of God, discipline of the Kirk of Scotland, acts of parliament made
in favours of the same, and practise since the reformatioun of reli-
gioun, that all spirituall maters anent doctrine and discipline have
beene, and ought to be, cognosced and judged by the kirk allaner-
lie, as competent judges thereto. And true it is, that the lawfull-
nesse, approbatioun, or disallowance of a Generall Assemblie, or
proceedings therof, is a mater spirituall, and the Generall Assem-
blie following, has ever allowed or disallowed, as they have found
just reasoun and cans, the Assembleis preceeding, and things done
therin ; as is evident, in the Generall Assemblie holdin at Dundie,
1597, which declared and allowed the preceeding Assemblie holdin
at Perth, and proceedings therof, to be lawfull, his Majestic being
present at both. 2. Becaus it is expresselie sett doun in his
Majestie's late proclamatioun, that his Majestic expects reparatioun
of misorders there, if anie be. 3. If your Lordships sail proceed
against us for the cans above specified, your Lordships may give
occasioun to conforme the ecclesiasticall and civill jurisdictiouns,
which hitherto have beene, and are, by lawes and practises, happille
distinguished, to the great peace and unitie of the realme, praised
be the name of God therefore. And if we have transgressed anie
wise against anie civill law, we offer our selves most willinglie to
be tryed and judged, conforme to order practised upon other his
Majestie's subjects within this realme, the duteis and transgres-
slouns of our offices, if anie be, alwayes being remitted to the
Judge Ordinar. Heerefore, we most humblie beseeke your Lord-
ships, in the name of Jesus Christ, who sail judge the quicke and
dead, to remitt the said caus and tryell therof to the said Generall
Assemblie, as onlie judge competent thereto, and dimitt us in
peace, that we may attend upon our callings, according to all
equitie and reasoun. And your Lordships' answere hereunto we
most humblie crave, and so muche the rather, becaus we have
givin in to your Lordships diverse supplicatiouns heeranent of
before, and have receaved no answere therunto."
This supplicatioun being presented and read, was alluterlie
rejected, and the brethrein were urged by the advocat to answere
1605. OF THE KIRK OF SCOTLAND. 347
to the libell. Wherupon they were constrained to give in the
declinatour following: : —
THE WAIRDED MINISTERS' DECLINATOUR.
"My Lords of Secreit Counsell, — Please your Lordships, the
approbatioun and disallowance of a Generall Assemblie has beene,
and sould be, a mater and cans spirituall, and alwayes cognosced
and judged by the kirk, as judges competent within this realme.
And seing we are called before your Lordships, to heare and see
it be found and declaired, that we have verie contemptuouslie con-
veenned and assembled our selves in a Generall Assemblie at
Aberdeene, the first Tuisday of Julie last bypast ; and, therefore,
the said Assemblie, and approbatioun therof, to be decerned and
declared to be unlawfull ; as at more lenth is conteaned in the sum-
mouns executed against us theranent : We, in consideratioun of
the premisses, and other reasouns to be givin in by us, have just
cans to declyne your Lordships' judgement, as no wise competent
in the cans above specified ; and by these presents, we simpliciter
declyne the same, seing we are most willing to submitt our selves
to the try ell of the Generall Assemblie, onlie judges competent.
By these presents, subscribed with our hands as followes, the 24th
of October 1605.
(^Sic suhscribitur)
" Mr Johne Forbesse. " Mr James Greg.
" Mr Robert Durie. " Mr Charles Farholme.
" Mr Johne Welshe. " Mr Robert Youngsone.
" Johne Rosse. " Mr Johne Monro.
" Mr Johne Schairp. " Mr William Forbesse.
" Mr Andrew Duncan. " Mr James Irwing.
" Mr Nathan Inglis. " Mr Alexander Strauchane."
their answere to the libell.
Notwithstanding of this declinatour, the Lords of Secreit Coun-
348 calderwood's historie 1605.
sell find themselves judges, and urge the ministers to answere to
the llbell. The brethrein, under protestation, and adhering to
their decHnatour, gave in the answers to the libelled summouns, as
after followeth, for cleering of their caus to the consciences of all
men : —
"Our challenge, according to your Lordships' summouns, is,
that we have assembled unlawfullie, and therefore sould be punished.
The grounds alledged of our unlawfulnesse are two, — 1. Seditioun
and contempt, in that, as it is alledged, seditiouslie and contemp-
tuouslie we conveenned, and held our Assemblie. 2. That we
proceeded unorderlie. The reasoun of the alledged contempt and
seditioun is, becaus, according to the act of parliament, 1592, 12, 1,
it was not lawfuU for us to conveene, or doe anie thing, without
the speciall advice and consent of his Majestic, or his Majestie's
commissioner, being there present. And it was assumed, that we
have conveenned and proceeded, not onlie without his Majestic or
his commissioner's consent, but contrarie to his expresse command
and will, signified by the commissioners in their letter, and by your
Lordships' missive letter, by Lawrestoun, his Majestie's commis-
sioner, and expresselie against a publict charge of horning, proceed-
ing upon an act of the Secreit Counsell executed against us the
day preceeding; wherupon is concluded our contemptuous and
seditious meeting. The reasouns alledged of our unformall and
unorderlie proceeding are, becaus we proceeded without the pre-
sence of the former moderator, and of the ordinarie clerk, as prin-
cipal! persons requisite in that meeting. 2. Becaus we made
choice of our moderator, without the removing of suche as were
upon the leits ; and elected a new clerk, without lawfull order or
forme of processe used against the ordinarie clerk. 3. Becaus of
our number authorized with commissioun from our presbytereis
was so small, as not making the fyft part of the whole presbytereis
within the realme. And therefore," &c.
" 1. Answere. Suppose the whole libell were admitted, yitt does
it not inferre the conclusioun of unlawfulnesse, ather of our meet-
ing or proceeding ; becaus the true oaus of the lawfulnesse of an
1605. OF THE KIEK OF SCOTLAND. 349
ecclesiasticall meeting and actlouns are suppressed, which is the
directioun and ordinance of the Lord, author and instituter of
them, the Lord Jesus, according as he has prescribed and com-
manded in his Word, as King and Head of his kirk ; and in stead
of this ground, which gives the authoritie, civill approbatioun of
our Christian soverane, moved of Christian duetie, in testificatioun
of his subjectioun to Christ, and willingnesse to have all his sub-
jects brought under humble obedience to the scepter of Christ,
alledged as onlie warrant of suche meetings.
" 2. Ansicere. The reasouns conteaned in the libell, considered
apart, inferre not the conclusioun. And first, concerning the pro-
positioun builded upon the act of parliament, it sail be found of no
force, in respect nather expresselie, nather by illatioun, sail it be
found in the act of parliament alledged. 1. Becaus the act is no
instituting law of Assembleis, but a simple approbatioun of them, as
they are appointed by the kirk. 2. Becaus the said approbatioun
declairs, that it sail be lawfull to the kirk and ministers, everie
yeere once, and oftener as occasioun sail require, to hold and keepe
Generall Assembleis. 3. Becaus the provisioun therin conteaned
imports no nullitie of the foresaid libertie and approbation therof,
but rather the contrare ; becaus it concernes no wise the actioun
of conveening or holding Assembleis, but onlie the nominatioun of
the circumstances of tyme and place of the nixt Assemblie, and
that not simplie, but upon conditioun of their presence where the
Assemblie is holdin ; nather yitt absolutelie, although they be pre-
sent, but conjunctlie with the Assemblie. And lastlie, becaus the
said provisioun in the last part therof expresselie beares, that it sail
be lawfull to the kirk by themselves, without ather his Majestic or
commissioner, incace of their absence, to nominate tyme and place
of the nixt Assemblie ; and so, consequentlie, that they may be
lawfuUie assembled, and proceed without ather his Majestic or
his Majestie's commissioner's presence or consent.
"Now, to the assumptioun: And first, tuiching the commissioner's
letter, 1. The said letter conteaned no command, but simplie advice.
2. We had a more authentick and more evident significatioun of
S50 CALDER wood's historie 1G05.
his Majestie's will In the contrare, by the act of the Generall As-
semblie at Halyrudhous ; by the which act all power was taikin
from the commissioners of the Generall Assemblie, by his Majestie's
consent there present, to make anie alteratioun, drift, or delay of
the dyet of the Generall Assemblie ; the said act being made for
removing the just conceaved greefe of the kirk, upon the like
abuse in their persons of before. 3. The said letter was directed
to our presbytereis, and not to us in particular, sua that we who
conveenned there, as commissioners directed from our presbytereis,
who had power to command us, ought not to be challenged for
disobedience, but rather our presbytereis, who did direct us, if
anie cans of accusatioun might be justlie alledged. 4. The advice
of the said letter was not to be obeyed, becaus it was unlawfull,
and contrare to the libertie approved by the act of parliament
foresaid, and continuall custome and practise of the kirk, it con-
teaning an advice of delay, without anie certantie of a new day,
which imported a plaine desertioun, rather than anie lawful! con-
tiuuatioun. 5. Albeit it sould have beene obeyed, yitt our meet-
ing can be compted no disobedience unto it, becaus it advised us
not to keepe the fyft day, which day we keeped not, our Assem-
blie holding the secund day.
" Secundlie, as tuiching your Lordships' letter, 1. We can not
be accused of contempt in our meeting, in respect, by the Laird
of Lawrestoun his owne knowledge, advice, and consent, we were
conveenned, and our conventioun sanctified by incalling of the
name of God, before the said missive was presented to us. 2. Be-
caus so farre therof as lawfuUie might be obeyed without preju-
dice of the libertie of the kirk, the practise therof, and approbatioun
of that libertie conteaned in the law ; and without guiltinesse of
perjurie against our oath, not onlie to the maintenance of our dis-
cipline, according as is conteaned in the Confessioun of our Faith,
but also to the obedience of his Majestie's law, and our ordinar in
God, at our admissioun to our callings, was reverentlie obeyed,
and flillie satisfied.
" Thridlie, tuiching his Majestie's commissioner's credit and
.1605. OF THE KIEK OF SCOTLAND. 351
disassenting : 1. He made no oppositioun to our meeting and doun
sitting, but consented thereto. 2. He presented unto us the coun-
sell's letter ; desired it to be read, considered, and answered ; and
removed to that effect. 3. He acquiesced, and was satisfied with
the obedience givin to the first part of the letter tuiching our dis-
solving ; and as tuiching the secund part, anent the nominatioun
of a new day, he denyed that he had anie coramissioun therin at
all, and therefore refused, ather by himself or with us, according
to the act of parliament, to appoint anie new day.
" Fourthlie, concerning his charge of horning alledged executed
the day before : 1. We can not be justlie convicted of contempt,
in respect no intimatioun of anie suche charge was made to us,
ather by himself or by his officer, or anie other in his name ; nather
was it knowne to us, as we are readie to justifie by our oath. 2.
Becaus the said Laird of Lawrestoun, being conveenned with us,
did give us just occasioun, by his speeche, to conceate no suche
thing ; affirming, that although he might have had charges, yitt he
w^ould rather use your Lordships' letter of requeist. 3. We can
not be perswaded, that ather the commissioner, officer, or wit-
nesses, will byde by that charge. 4. Although the executioun
were true, yitt it can not import the punishment conteaned in the
libell, considering it is not according to the act of parliament,
James VI., pari. 11, 1587, which beares, that no letters which
import tinsell of life or moveable goods sail be of force, except
they be executed in opin tyme of day, betuixt eight houres in the
morning and twelve houres at noone, before famous witnesses.
And it is of truthe that the indorsatioun of that pretended execu-
tioun beares, that they were executed betuixt seven and eight at
even. Lastlie, becaus we testified our obedience in satisfeing the
charge which was givin on Tuisday, the secund of Julie, person-
allie, as the instruments taikin upon our obedience testifie. This
farre to the particular parts of the assumptioun, to cleere our selves
of all contempt.
" Now, farther, albeit all the former foure grounds of intima-
tioun of his Majestie's will were true, and had come to our know-
352 calderwood's historie 1605.
ledge, yitt can we no wise be found guiltie of contempt or seditioun
in our meeting or proceeding, in respect of the act of parliament,
James VI., pari. 6, 1579, act 92, and law made in Robert the
Secund's dayes, citat. De Verborum Significatione, both freing the
civil! judgement and jurisdictioun from all contempt of his Hie-
nesse' authoritie, or your Lordships of the Secreit Counsell, albeit
they sould proceed in judgement according to the law, notwith-
standing of anie privie writting, charge, or command, directed in
the contrare by his Majestic, or Lords of the Secreit Counsell, or
anie command directed to them under the great scale, privie scale,
or signet, repugnant to the law ; wherupon it must follow, muche
more a spirituall judicatorie, that has not institutioun nor ground
from anie civill authoritie, but from the Word of God, which is in
nature different, distinguished by the ordinance of God and lawes
of the land, and albeit not instituted, yitt approved by the acts of
parliament, may proceed lawfullie, notwithstanding of anie fore-
said significatioun of his Majestie's will in the contrare, or your
Lordships of the Secreit Counsell, and yitt be free of all contempt
or seditious proceeding. 2. Becaus his Majestie's commissioner
was not onlie present with us, but agreed to our doun sitting ;
acknowledged our authoritie by presenting your Lordships' mis-
sive, and willing us to answere to it, and by consenting to diverse
things done by us in that meeting. This farre for answere to the
heeds of the libell.
" Now, for justifeing the lawfulnesse of our meeting, we have
subjoynned the reasons following : —
" 1. Becaus it is done by the warrant and authoritie of the Word
of God. 2. Becaus it is according to the approbatioun of the
civill law. 3. Becaus it was a conventioun of lawfuU persons,
having a lawfull calling for a lawfuU end. 4. Becaus there is
nothing concluded contrare ather the law of God, the civill law of
the land, constitutiouns, and customes of the kirk. 5. Becaus
although the alledgance of the libell were admitted, we had a suffi-
cient warrant of his Majestie's commissioners, and the commis-
sioners of the Generall Assemblie, subscribed with their hands,
1G05. OF THE KIRK OF SCOTLAND. 353
designing and appointing both tyme and place of our Assemblie.
As for the formalitie of our proceeding, our worke being suche as
concerneth the governement of the hous of God, and so, therin
subject to the censure of the overseers of God's hous, as ever
hitherto, so yitt we submitt ourselves and our doings to be cen-
sured and judged according to the Word of God, by a lawfull and
free General! Assemblie.
*' The challenge of us who came afterward and approved it, is,
that our approbatioun is unlawful! ; therefore, we to be punished.
The reasoun to prove the unlawfulnesse is, becaus we resorted
unlawfullie to Aberdeene, and understood that it was notour and
manifest to all men there, that our brelhrein had unduetifullie and
contemptuouslie proceeded to their Assemblie.
" Answers. First, to our comming, wee had the same warrant of
God's Word, approbatioun of the civill law, the same calling and
commissioun from our presbytereis ; so that if anie unlawfulnesse
be in our comming, it must be in the tyme, which is not to be
imputed to us, but to the commissioners, who, by the errour of their
letter, disappointed our presbytereis and us of the right day. 2.
As to our knowledge of the unlawfulnesse of our brethrein's
proceedings, we are readie to purge our selves, that nather then,
nor by anie tryell since, did we, or can we understand anie unlaw-
fulnesse or contempt in their proceeding. 3. Seing our approba-
tioun concernes their writtin processe allanerlie, according to the
subscribed copie therof which we receaved, i-easoun and law would
necessarilie require, that their proceeding sould first by a lawfull
tryell of a free Generall Assemblie be found and declared unlaw-
ful!, before our approbatioun in anie wise be condemned. 4. Seing
in the said copie of their proceeding, which we have approved,
there is no significatioun of anie preceediug charge givin unto
them by the Laird of Lawrestoun, wherupon ather disobedience
or contempt might follow, but onlie of a subsequent charge givin
personallie and fullie obeyed, our approbatioun is so farre from
convicting us of contempt or seditioun, that by the contrare, it
cleeres our willing obedience, by the approbatioun of their obedi-
VOL. VI. z
354 calderwood's historie 1G05.
ence in that part. Lastlie, it is against all order, forme, equitie,
and reasoun, and former exemple, that commissioners directed from
a presbyterie sould be challenged for executing their commissioun,
•wherin they are directed by their presbyterie, and Avhose execu-
tioun is approved by their presbytereis.
a ^^Q g{yQ in this, under protestatioun, that we no wise admitt
your Lordships as judges competent in this cans persued against us
anent the Generall Assemblie ; and these presents are onlie to cleere
us of the alledged crimes libelled against us."
The counsell, notwithstanding of their declinatour, and answeres
foresaid under protestatioun, giveth out sentence against the
Assemblie, and them that held the same, conforme to the sum-
mouns ; so remitted the prisoners to their Avairds.
The parliament of England was to sitt doun upon the fyffc of
November. Two or three dayes before was discovered a terrible
conspiracie of some Papists, who had resolved to blow up the
parliament hous with powder, when the king and estats sould be
conveenned in it.
THE king's SPEECHE IN THE LAST SESSION OF THE PARLIAMENT,
ALS NEERE HIS VERIE "WORDS AS COULD BE GATHERED AT THE
INSTANT.
" My Lords spirituall and temporall, and you, the knights and
burgesses of this parliament : It was farre from my thoughts, till
verie latelie before my comming to this place, that this subject
sould havebeene ministred unto me wherupon lam now to speeke.
But now, it so falleth out, that whereas in the preceeding sessioun
of this parliament, the principall occasioun of my speeche was, to
thanke and congratulat all you of this hous, and in you, all the
whole commoun wealth, (as being the representative bodie of the
state,) for your so willing and loving receaving and embracing of
me in that place, which God and nature, by discent of blood, had
in his owne tyme provided for me ; so now, my subject is, to speeke
of a farre greater thanksgiving than before I gave to you ; being
1605. OF THE KIRK OF SCOTLAND. 355
to a farre greater persoun, which is to God, for the great and
miraculous deliverie he has at this tyme granted unto me and to
you, and, consequentlie, to the whole bodie of this estate.
" I must therefore beginne with this old and approved sentence
of divinitie, ' Misericordia Dei supra omnia opera ejus.' For
Almightie God did not furnishe so great mater to his glorie by the
creatioun of this great world, as he did by the redemptioun of the
same ; nather did his generatioun of the little world, in our old and
first Adam, so muche sett furth the praises of God in his justice and
mercie, as did our regeneratioun in the last and secund Adam.
And now, I must crave a little pardoun of you, that since kings
are in the Word of God it self called gods, as being his lieutenents
and vicegerents on earth, and so adorned and furnished with some
sparkles of the Divinitie, to compare some of the workes of God,
the great King, toward the whole and generall world, to some of
his workes toward me, and this little world of my dominiouns,
compassed and sivvered by the sea from the rest of the earth.
For as God, for the just punishment of the first great sinnes in the
originall world, when the sonnes of God went in to the daughters
of men, and the cuppe of their iniquiteis of all sorts was filled and
heaped up to the full, did by a generall deludge and overflowing
of waters baptize the world to a generall destructioun, and not to
a generall purgatioun, (onlie excepted Noah and his familie, who
did repent, and beleeve the threatnings of God's judgements,) so
now, when the world sail waxe old as a garment, and when all the
impieteis and sinnes that can be devised against both the fii'st and
secund table, have and sail be committed to the full measure, God
is to punishe the world the secund tyme by fire, to the generall
destructioun, and not purgatioun therof ; although, as was done in
the former, to Noah and his familie, by the waters, so sail we that
beleeve be likewise purged, and not destroyed by the fire.
" In the like sort, I say, I may justlie compare these two great
and fearefull doomesdayes, wherewith God threatned to destroy
me, and all you of this little world that have interest in me. For
although I confesse as all mankinde, so cheefelie kings, as being in
356 calderwood's histoeie 1605.
the higher places, like the high trees, or stayest* mountains, and
steepest rockes, are most subject to the day lie tempests of innu-
merable dangers, and I amongst all the kings have ever beene
subjects unto them, not onlie ever since my birth, but even, as I
may justlie say, before my birth, and whill I was yitt in my
mother s bellie ; yitt have I beene exposed to two more speciall
and greater dangers than all the rest. The first of them, in the
kingdom where I was borne, and passed the first part of my life ;
and the last of them heere, Avhich is the greatest. In the fomier,
I sould have beene baptized in blood, and in my destructioun, not
onlie the kingdom wherin I then was, but yee also, by your future
interest, sould have tasted of my ruine. Yitt it pleased God to
deliver^ me as it were from the verie brinke of death, from the
point of the dagger, and so to purge me by my thankefull
acknowledgement of so great a benefite. But in this which did
so latelie fall out, and which was a destructioun prepared not for
me alone, but for you all that are heere present, and wherin no
ranke, age, nor sexe sould have beene spaired, this was not a
crying sinne of blood, as the former; but it may weill be called a
roaring, nay, a thundering sinne of fire and brimstone, from the
which God hath so miraculouslie delivered us all. "V^'hat I can
speeke of this I know not. Nay, rather, what can I not speeke of
it ? And, therefore, I must for horrour say with the poet, * Vox
faucihus hcBret^
" In this great and horrible attempt, wherof the like was never
ather heard or read, I observe three wonderfull, or rather mira-
culous events. First, in the crueltie of the platt it self, wherin can
not be eneugh admired the horrible and feareftill crueltie of their
device, which was not onlie for the destructioun of my persoun,
nor of my wife and posteritie onlie, but of the whole bodie of the
state in generall, wherin sould neither have beene spaired, nor dis-
tinctioun made, of young nor of old, of great nor of small, of man
nor of woman. The whole nobilitie, the whole reverend clergie,
• Steepest.
1605. OF TUE KIRK OP SCOTLAND. 357
bishops, and most part of the good preachers ; the most part of
the knights and gentrie ; yea, and that if anie in this societie were
favourers of their professioun, they sould all have gone one way ;
the whole judges of the land, with the most of the lawyers, and the
whole clerks ; and, as the wretche himself that is in the Towre
doeth confesse, it was pui'poselie devised by them, and concludit to
be done in this hous, that where the cruell lawes (as they say)
were made against their religioun, both place and persons sould all
be destroyed and blowne up at once. And then, consider there
withall the cruell forme of that practise. For by three indifferent
sorts in generall may mankinde be putt to death. The first, by
other men and reasonable creatures, which is least cruell ; for then
both defence of men against men may be expected, and likewise,
who knoweth what pitie God may stirre up in the hearts of the
actors, at the verie instant, beside the manie wayes and meanes
whereby men may escape in suche a present furie ? And the secund
way, more cruell than that, is by animal and unreasonable crea-
tures : for as they have lesse pitie than men, so is it a greater hor-
rour, and more unnaturall for men to deale with them. But yitt,
with them both resistance may availl, and also some pitie may be
had, as was in the lyouns in whose denne Daniel was throwne, or
that thankefull lyoun that had the Roman slave in ^his mercie.
But the thrid, which is most cruell and unmercifull of all, is the
destructioun by insensible and inanimate things ; and amongst
them all, the most cruell are the two elements of water and fire,
and of these two, the fire most raging and mercilesse.
" Secundlie, how wonderfull is it, when you sail thinke upon the
small, or rather no ground, Avherupon the practisers were entised
to invent this tragedie. For if these conspiratours had onlie beene
bankerupt persons, or discontented upon occasioun of anie disgraces
done unto them, this might have seemed but to have beene a
Avorke of revenge. But for my owne part, as I skarselie ever knew
anie of them, so can they not alledge so muche as a pretended cans
of greefe : and the wretche himself in hand doeth confesse that
there was no caus moving him or them, but merelic and onlie reli-
358 calderwood's histoeie 1 605.
gioun ; and speclallie, that Christian men, at least so-called, Eng-
lishmen borne within the countrie, and one of the specialls of them
my sworne servant in a honourable place, sould practise the de-
structioun of their king, his posteritle, their countrie, and all
wherin their following obstinacie is so joynned to their former
malice, as the fellow himself that is in hand can not be moved to
discover anie signes or notes of repentance, except onlie that he
doeth not yitt stand to avow that he repents for not being able to
performe his intent.
" Thridlie, the discoverle heerof is not a little wonderfull, which
would be thought the more miraculous by you all, if ye were als
Weill acquainted with my naturall dispositioun, as these are who be
neere about me. For as I ever did hold suspicioun to be the sicke-
nesse of a tyrannic, so was I so farre upon the other extremitie, as
I rather contemned all advertisements or apprehensiouns of prac-
tises. And yitt now, at this tyme, was I so farre contrarie to my
self, as when the letter was shewed to me by my secretarie, wherin
a generall obscure advertisement was givin of some dangerous blow
at this tyme, I did upon the instant interprete and apprehend some
darke phrases therin, contrarie to the ordinar grammar construc-
tioun of them, (and in another sort, I am sure, than anie divine or
lawyer in anie universitie would have taikin them,) to be meant by
this horrible forme of blowing us up all by powder ; and therupon
ordered that searche to be made, whereby the mater was discovered
and the man apprehended ; whereas, if I had apprehended or inter-
preted it to anie other sort of danger, no worldlie provisioun or
preventioun could have made us escape our utter destructioun.
And in that also was there a wonderfull providence of God, that
when the partie himself was taikin, he was but new come out of
his hous from working, having his fire-worke for kindling readie in
his pocket, wherewith, as he confesseth, if he had beene taikin
iramediatlie before, when he was in the hous, he was resolved to
have blowne up himself with his takers.
" One thing, for my owne part, have I cans to thanke God, in
that if God for our sinnes had suffered their wicked intents to have
1605. OF THE KIRK OF SCOTLAND. 359
prevailed, It sould never have beene spokin nor wrlttln In ages suc-
ceeding, that I had died Inglorlouslie In an ale-hous, a stewes, or
suche vile place ; but myne end sould have beene with the most
honourable and best companie, and In that most honourable and
fittest place for a king to be In, for doing the tumes most proper
to his office. And the more have we all cans to thanke and mag:-
nifie God, for this his mercifull deliverie, and speciallie, I for my
part, that he has givin me yitt once leave, whatsoever sould come
of me heerafter, to assemble you in this honourable place ; and
heere, In this place, where our generall destructioun sould have
beene, to magnlfie and praise him for our generall deliverie, that I
may now justlle say of myne enemels and yours, as David doeth
oftin say in the Psalmes, ^ Inciderunt in foveam quam fccerunV
And since Sclpio, an ethnick, led onlie by the light of nature, that
day that he was accused by the tribuns of the people of Rome, for
mispending and waisting In his Punick warres the citeis treasure,
even upon the suddane, brake out with that diversloun of them
from that mater ; calling them to remembrance, how that day was
the day of the yeere wherin God had givin them so great a vic-
torle against Hannibal, and, therefore. It was fitter for them all,
leaving other maters, to runnc to the temple to praise God for that
so great deliverie, which the people did all follow with an applause ;
how muche more cans have we, that are Christians, to bestow this
tyrae, in this place, for thanksgiving to God for his great mercle,
though we had no other earand of assembling at this tyme ; wherin
If I have spokin more like a divine than would seeme to belong to
this place, the mater it self must pleade for myne excuse : for being
heere come to thanke God for a divine worke of his mercle, how can
I speeke of this deliverance of us from so hellish a practise, so weill
as In the language of divlnitle, which is the direct opposite unto so
damnable an intentloun ? And therefore may I justlie end this
purpose as I did beginne It, with this sentence, ' The mercle of God
is above all his workes.'
" It resteth now, that I sould shortlie informe you what Is to be
done heerafter, upon the occasioun of this horrible and strange
360 calderwood's historie 1605.
accident. As for your part, that are so burnt up with zeale in this
earand, and your tongues so readie to utter your duetifull aifec-
tiouns, and your hands and feete so bent to concurre in the execu-
tioun therof, (for which, as I need not to spun-e you, so I can not
but praise you for the same ;) as it may verie weill be possible, that
the zeale of your hearts sail make some of you, in your speeches,
rashlie to blame suche as may be innocent of this attempt ; but
upon the other part, I wishe you to consider, that I would be sorie
that anie, being innocent of this practise, ather domesticall or
forraine, sould receave blame or harme for the same. For although
it can not be denied, that it w^as the onlie blind superstitioun of
their errours in religioun that led them to this desperat device, yitt
doeth it not follow, that all professing that Romish religioun were
guiltie of the same. For as it is true, that no other sect of here-
ticks, not excepting Turke, Jew, nor Pagan, no, not even these of
Calicute, who adore the devill, did ever mainteane by the grounds
of their religioun, that it was lawfull, or rather meritorious, (as
Romish Catholicks call it,) to murther princes or people, for querrell
of religioun ; and although particular men of all professiouns of
religioun have beene, some theeves, some murtherers, some tratours,
yitt ever when they came to their end and just punishment, they
confessed their fault to be in their nature, and not in their profes-
sioun, (these Romish Catholicks onlie excepted ;) yitt it is true on
the other side, that manie honest men, blinded peradventure with
some opiniouns of Poprie ; as, if they be not sound in the questiouns
of the reall presence, or in the number of the sacram.ents, or some
suche schoole questioun, yitt doe they ather not know, or at least
not beleeve, all the true grounds of Poprie, which is indeid the
mysterie of iniquitie. And therefore doe we justlie confesse, that
manie Papists, especiallie our forefathers, laying their onlie trust
upon Christ and his merits, at their last breathe, may be, and oftin
tymes are saved, deteasting in that point, and thinking the crueltie
of Puritans worthie of fire, that will admitt no salvatioun to anie
Papist. 1, therefore, thus doe conclude this point, that as upon
the one part, manie honest men, seduced with some errours of
1605. OP THE KIRK OF SCOTLAND. 3G1
Poprie, may yitt reraaine good and fixithfuU subjects, so, upon the
other part, none of these that truelie know and beleeve the whole
grounds and schoole conclusiouns of their doctrine, can ever prove
ather good Christians or faithful! subjects : and for the part of
forraine states and princes, I may so muche the more acquite them
and their ministers, of their knowledge and consent to anie such
villanie, as I may justlie say, that in that point, I better know all
Christian kings by my self, that no king or prince of honour will ever
abuse himself so muche, as to thinke a good thought of so base and
dishonourable a treacherie : Wishing you, therefore, that as God has
givin me an happie peace and amitie with all other Christian princes,
my nighbours, (as were even now verie gravelie told you by my
Lord Chanceller,) so that you will reverentlie judge and speake of
them in this cace. And for my part, I would Avishe with these
ancient philosophers, that there were a chrystall window in my
breast, wherin all my people might see the secreitest thoughts of
my heart ; for then might you all see no alteratioun in my minde
for this accident, further than in these two points : The first, cau-
tioun and warinesse in governement, to discover and searche out
the mystereis of this wickednesse, als farre as may be : the other,
after due tryell, severitie of punishment upon these that sail be
found guiltie of so deteastable and unheard of villanie.
"And now, in this mater, if I have troubled your eares with an
abrupt speeche, and undisgested in anie good methode or order, you
have to consider, that an abrupt and unadvised speeche doeth best
become, in the relatioun of so abrupt and unorderlie an accident.
And although I have ordeanned the proroguing of this parliament
untill after Christmasse, upon two necessarie respects ; wherof the
first is, that nather I nor my counsell can have leasure at this
tyme, both to take order for the apprehensioun and tryell of these
conspiratours, and also to await upon the daylie effaires of the
parliament, as the counsell must doe : And the other reasoun is,
the necessitie at this tyme of diverse of your presences, in your
shires, that have charges and commandements there : for as these
wretches thought to have blowne up in a maner the whole world
362 calderwood's historie 1605.
of the island, everie man being now come up heere, ather for
publict causes of parliament, or ellis for their owne privat causes in
law, or otherwise, so, these rebells that now wander through the
countrie, could never have gottin so fitt a tyme of safetie in their
passage, or whatsoever unlawfull actiouns, as now, when the coun-
trie, by the foresaid occasiouns,is in amanerleft desolate and waste
unto them. Besides, that it may be, that I desire you at your
nixt sessioun, to take upon you the judgement of this cryme ; for
as so extraox'dinarle a fact deserveth extraordinarie judgement, so
can there not, I thinke, (following even their owne rule,) be a fitter
judgement for them, than that they sould be measured with the
same measure wherewith they thought to measure us, and that the
same place and persons whom they thought to destroy sould be
the just avengers of so unnaturall a parricide,
" Yitt, not knowing that I will have occasioun to meete with you
my self in this place, at the beginning of the nixt sessioun of this
parliament, (becaus, if it had notbeene for delivering of the articles
agreed upon by the Commissioners of the Unioun, which was
thought most convenient to be done in my presence, where both
head and members of the parliament were mett together, my pre-
sence had not otherwise beene requisite hcere at this tyme,) I have,
therefore, thought good, for conclusioun of this meeting, to dis-
course to you somAvhat anent the true nature and definitioun of a
parliament, Avhich I will remitt to your memoreis till your nixt
sitting doun, that you may then make use of it as occasioun sail be
ministred. For albeit it be true, that at the first sessioun of
my first parliament, which was not long after myne entrie into this
kingdom, it could not become me to informe you of anie thing
belonging to law or state heere, (for all knowledge must ather be
infused or acquired ; and. seing the former sort therof is now, with
prophecie, ceassed in the world, it could not be possible for me at
my first entrie heere, before experience had taught me, to be able
to understand the particular mysterels of the state ;) yitt now, that
I have raigned almost three yeeres amongst you, and have beene
carefull to observe these things that belong to the oflSce of a king,
1605. OF THE KIKK OF SCOTLAND. 363
albeit that tyme be but a short tyme for experience in others, yitt
in a king may it be thought a reasonable long tyme, especiallie in
me, who, although I be but in a maner a new king heere, yitt have
beene long acquainted with the office of a king, in sucbe another
kingdom as doeth neerest of all others agree with the lawes and
customes of this state. Remitting to your consideratioun to judge
of that which has beene concluded by the commissioners of the
Union, wherin I am at this tyme to signlfie unto you, that as I
can beare witnesse to the foresaid commissioners, that they have
not agreed nor concluded therin anie thing wherin they have not
foreseene, als weill the weale and commoditie of the one countrie
as of the other ; so can they all beare me record, that I was so farre
from preassing them to agree to anie thing which might bring with
it anie prejudice to this people, as by the contrarie, I did ever
adraonishe them never to conclude anie suche unioun, as might
carie hurt or grudge with it to either of the said natiouns ; for the
leaving of suche things could not be but the greatest hinderance that
might be to suche an actioun which God, by the lawes of nature,
had provided to be in his owne tyme, and hath now in effect per-
fytted In my person. To which purpose, my Lord Chanceller hath
better spokin than I am able to relate.
" And as to the nature of this high Court of Parliament, it is
nothing ellis but the king's great counsell, which the king doeth
assemble, ather upon occasioim of Interpreting or abrogating old
lawes, or making of new, according as evill maners sail deserve ;
or for the publict punishment of notorious evill-doers, or the praise
and rewaird of the vertuous and weill deservers ; Avherin these
foure things are to be considered : — 1. Wherof this court is com-
posed ; 2. What maters are proper for it ; 3. To what end it is
ordeanned ; and, 4. What are the raeanes and wayes whereby the
end sould be brought to passe.
" As for the thing it self, it is composed of an head and of a
bodie. The head is the king, the bodie are the members of the
parliament. This bodie again is subdivided into two parts, the
Upper and the Lower hous. The Upper, compounded partlie of
364 calderwood's historie 1605.
nobllitle, temporall men, who are heritable counsellers to the high
Court of Parliament, by the honour of their creatioun and lands ;
and partlie of bishops, spirituall men, who are likewise, by the
vertue of their place and dignitie, counsellers, lyverenters, or ad
vitam of this court. The other hous is compounded of knights for
the shires, and gentrie and burgesses for the touns. But becaus
the number would be infinite for all the gentlemen and burgesses
to be present at everie parliament, therefore, a certane number is
selected and chosin out of the great bodie, serving onlie for that
parliament, where their persons are the representatioun of the
bodie.
" Now, the maters wherof they are to treate ought therefore to
be general], and rather of suche maters as can not weill be per-
formed without the assembling of that generall bodie ; and no more
of these generalls nather than necessitie sail require. For as in
corruptissima repuhlica sujit plurimce leges, so doeth the life and
strenth of the law consist, not in heaping up infinite and confused
members of lawes, but in the right interpretatioun and good execu-
tioun of good and wholesome lawes. If this be so, then, nather is
this a place on the one side, for everie rash and haire-brained
fellow to pi'opone new lawes of his owne inventioun. Nay, rather
I could wishe these bussie heads to remember that law of the
Lacedemonians, that whosoever came to propone a new law to the
people, behoved publictlie to present himself with a rope about his
necke, tliat incace the law was not allowed, he sould be hanged
therewith. So warie sould men be of propounding novelteis, but
most of all^ not to propone anie bitter or seditious lawes, which can
produce nothing but grudges and discontentment betweene the
prince and his people ; nor yitt is it, on the other side, a convenient
place for privat men, under the colour of generall lawes, to j^ropone
nothing but their owne particular gaine, ather to the hurt of their
privat nighbours, or to the hurt of the whole state in generall,
which manie tymes, under faire and pleasant titles, are smoothelie
passed over ; and so by stealth procure, without consideratioun,
that the privat meaning of them tendcth to nothing, but ather to
1605. OF THE KIRK OF SCOTLAND. 3G5
the wracke of a particular partie, or ellis, under colour of publlct
benefite, to pill the poore people, and serve, as it were, for a
generall impost upon them, for filling the purses of some privat
persons.
" And as to the end for which the parliament is ordeanned, being
onlie for the advancement of God's glorie, and establishment and
wealth of the king and his people, it is no place then for particular
men to utter their privat conceats, nor for satisfactioun of their
curiositeis ; and least of all, to make shew of their eloquence, by
tyming the tyme with long studied and eloquent orations. No,
the reverence of God, their king, and then- countrie, being weill
settled in their hearts, will make them ashamed of suche toyes, and
remember, that they are there, as sworne counsellers to their king,
to give their best advice for the furtherance of his service, and the
floorishing weale of his estate.
" And lastlle, if yee will rightlie consider the meanes and wayes
how to bring all your labours to a good end, you must remember
that you are heere assembled by your lawfull king, to give him
your best advices in the maters proposed by him unto you, being
of that nature which I have alreadie told ; wherin you are gravelie
to deliberat, and upon your conscience plainlie to determine, how
farre these things propounded doe agree with the weale, both of
your king and your countrie, whose weales can not be separated.
And as for my self, the world sail ever beare me witnesse, that I
sail never propone anie thing unto you, which sail not als weill tend
unto the weale publict, as to a benefite for me, so sail I never
oppone my self unto that which may tend unto the good of the
commoun wealth, for which I am ordeanned, as I have oftin said.
And as you are to give your advice in suche things as sail by your
king be proposed ; so is it on your part your dueteis to propone
anie thing that you can, after mature deliberatioun, judge to be
needfull, ather for these ends alreadie spokin of, or otherwise, for the
discoverie of anie latent evill in the kingdom, which peradventure
may not have come to the king's eare. If this then ought to be
your grave maner of proceeding in this place, men sould be
3(56 calderwood's historie 1605.
ashamed to make shew of the quicknesse of their witts heere, ather
in taunting, scoffing, or detracting the prince or state in anie point ;
nor yitt in breaking jests upon their fellowes, for which, the ordi-
nareis or ale-houses are fitter places than this honourable and high
Court of Parliament.
" In conclusioun then, since yee are to breake up, for the reasouns
I have alreadie told you, I wishe suche of you as have anie charge
in your countreis to haistin you home, for repressing of the inso-
lenceis of these rebells, and apprehension of their persons. Wherin,
as I heartilie pray to the Almightie for your prosperous successe,
so doe I not doubt, but we sail shortlie heare the good newes of
the same ; and that you sail have an happie returne and meeting
heere, to all our conforts."
Heere the Lord Chanceller spake tuiching the proroguing of
the Parliament; and having done, his Majestic rose again, and
said : —
" Since it pleased God to grant me two suche notable delivereis
upon one day of the weeke, Avhich was Tuisday, and likewise one
day of the moneth, which was the fyfte, thereby to teache me, that
as it was the same devill that still persecuted me, so it was one and
the same God that still mightilie delivered, I thought it, therefore,
not amisse, that the one and twentie day of Januarie, which fell
to be on Tuisday, sould be the day of meeting of this nixt sessioun
of Parliament ; hoping and assuring my self, that the same God
who hath now granted me and you all so notable and gracious a
deliverie, sail prosper all our effaires at that nixt sessioun, and bring
them to an happie conclusioun. And now, I consider God hath
Weill provided it, that the ending of this parliament hath beene so
long continued : for, as for my owne part, I never had anie other
intentioun, but onlie to seeke so farre my weale and prosperitie, as
conjunctlie might stand with the floorishing estat of the Avhole com-
moun wealth, as I have oftin told you ; so, on the other part, I
confesse, if I had beene in your places at the beginning of this
parliament, (which was so soone after myne entrie into this king-
dom, wherin yee could not possiblie have so perfyte a knowledge
1605. OF THE KIRK OF SCOTLAND. 367
of myne inclinatloun, as experience since hath taught you,) I could
not but have suspected and misinterpreted diverse things, in the
trying wherof now, I hope, by your experience of my behaviour
and forme of governement, you are weill eneugh cleercd and re-
solved."
A CHARGE TO PUTT MINISTERS TO AN ASSISE.
The deliverie from the Conspiracie made men to thinke, that the
king would desist from persecuting poore ministers, ather in Eng-
land or Scotland, when all the congregatiouns were required to
give thankes to God for so great a deliverance. But the effect de-
claired a greater induratioun and hardening of his heart ; for he
relented nothing, but insisted more eagerlie, both by penne and by
tongue, saying, The Papists were seeking his life indeid, but the
ministers were seeking his crowne, deerer to him than his life.
So, expresse charge was sent home to the counsell, namelie, to his
new sworne creatures, Chanceller Setoun, Advocat Hammiltoun,
Secretar Elphinstoun, Sir David Murrey, comptroller, to putt the
ministers to an assise upon a dittay of treasoun, for the declinatour.
They wanted no good will to putt in executioun that which the
king commanded to be done ; but for feare, and inabilitie to effec-
tuat so hard a mater, as to dresse a judge and an assise, and all
things needfull to gett them convicted, and brought under the
compasse of the law, as also, by reasoun of the king's occupatiouns
in maters belonging to the Conspiracie, the mater tooke a delay,
till the beginning of the nixt yeere.
THE ABBOT OF NEWABBEY RELEASED AND BANISHED.
A supplicatioun was givin in to the counsell, upon the 13th of
November, for transporting the brethrein prisouned in Blacknesse,
becaus the pest was come to the verie gates of their prisoun. The
supplicatioun had not beene read, unlesse my Lords Argile and
Lindsey had urged the same. Ahvise it was refused. Immediatlie
368 c ALDER wood's historie 1605.
before, the Abbot of Newabbey gave in a suppllcatloun, for
libertie to take good night of his freinds, and to provide himself
for his departure out of the countrie. It was refused for the pre-
sent. Sir Johne Arnot, treasurer-deput, stood up, and said, " The
devill sticke him ! he is verie deere." It was answered, " Let the
counsell modifie his charges." Some said, " Give him three pund
a-day :" some, fourtie shilling ; some, twentie ; some, two pecks of
meale in the weeke ; some, bread and water. The Chanceller
said, '' Give him als muche as yee would give Mackgregore, a
merke in the day ;" which was allowed. In end, having all his
idolatrous relicts, croces, Agnus Deies, &c., restored to him, he
was sett at libertie, and permitted to embark at Leith, not without
appearance of saying of masse in Edinburgh, the night before his
departure ; for his masse clothes, chalices, &c., were found by the
bailliffes. In the meane tyme, the ministers were deteanned in the
dungeon of Blacknesse, upon their owne excessive expenses.
THE SUPPLICATION OF THE SYNOD OF LOTHIAN.
About the same tyme was penned a letter in name of the Synod
of Lothiane, congratulating his Majestic for the foresaid deliver-
ance, and suiting libertie to the imprisouned brethrein, according
to the clemencie usuallie shewed to all poore prisoners at suche
tymes. Mr James Law and Mr Johne Hall refused to subscribe
the supplicatioun.
THE WAIEDED MINISTERS' LETTER TO THE PRESBTTERIE
OF EDINBURGH.
The brethrein wairded in Blacknesse directed this letter follow-
ing to the Presbyterie of Edinburgh, upon the 18th of November,
by reasoun of some uncharitable speeches uttered by some of
them, namelie, by Mr Johne Hall, a venemous adversar of the
imprisouned brethrein, for their sinceritie and maintenance of the
liberteis of the kirk, and a great suppost of the corrupt course.
1605. OF THE KIRK OF SCOTLAND. 369
" Keverend and deerelie beloved fathers and brethreln, — After our
heartllie commendatiouns in Christ : Suppose our estat be suche
ah-eadie, that it sould tuiche the hearts of all that would looke for
compassioun of the Lord, in that great day, with compassioun
toward us ; being shott up now for the space of sixteen or seven-
teen weekes into this closse prisoun, without anie confortable
fellowship now, atlier of others, or among our selves, the same
being denyed unto us ; deprived of the consolatioun of our minis-
trie, and now brought, through these exorbitant charges, to
extreme povertie, beside the infirmiteis of our bodeis, contracted
and greatlie encreassed by the same ; yitt not onlie is not regarded,
but afflictioun is added to afflictioun, and that by them who rather
sould have conforted us, being not onlie bound together in the
unitie of one faith, but also fellow-labourers under one Master in
the gospell. The which is so muche the more greevous unto us,
as not onlie in privat speeches, but in opin places, we are accused
and condemned, as they onlie who upon obstinacie and wilfulnesse
were not onlie the just deservers of our afflictioun, but also dis-
turbers of a peaceable estat of kirk and kingdom. The which, for
our owne part, we could easilie passe by, having learned, by God's
grace, in patience to possesse our soules, and to rest in the peace-
able and quiet approving of our selves to God, and to the con-
sciences of all who will with indifFerencie consider of the same.
For we hope, there is none who will be so malicious as to judge so
of us, that for maters of light importance, and that without the
hazard of our consciences, at least in our owne judgement, [we]
would have suffered this long and wearisome imprisounment, the
which might have taught us what a benefite libertie, and freedom
in the free use of our confortable ministrie, is ; so that, if without
the hazard of the violatioun of our conscience, we might by anie
meanes have redeemed our libertie, we would not have beene,
nather yitt are so mad and foolish as not to have embraced it. The
want of the kirk now also is so muche the more greevous unto us,
that we may not without our flockes and congregatiouns resound
the praises of our God, for so mercifull and glorious a deliverance
VOL. VI. 2 A
370 calderwood's historie 1G05.
of our gracious and dread soverane, his gracious queene, prince,
and posteritie ; of so mania wortbie nobles and gentlemen, yea,
of the whole kirk within this yland, from suche a treasonable and
cruell attempt, as the like of it in no age hath ever beene heard of.
" Yitt, deere brethrein, not being able to hold in our greeves anie
longer, we thought good to powre them out into your affectionat and
compassionatbosomes; and doe declare unto you in simplicitie, referr-
ing unto your wiser and brotherlie consideratioun both the ground of
our imprisonment, the things that Avere craved of us, and that which
we offered ; desiring of you, in the name of the eternall God, that
yee would not conceale from us anie thing that may better informe
our consciences, if we have erred in anie thing : if not, that if we
can find no more confort, yitt lett us be conforted by this, that
our afflictioun and bonds heere be not made heavier by anie of
you. We are your brethrein in Christ ; we are his servants in the
Gospell, howbeit unworthie. It has placed [pleased ?] the Lord
to scale our ministrie, in the places where our God did call us :
we hope we have beene keeped hitherto blamelesse ; and we would
thinke it a guiltinesse heavie eneugh, if we were in your rowmes,
not to be the instruments of confort to the least of Christ's
brethrein being in afflictioun, lett be to be the instruments of
greater greefe. Lett his hand be sufficient ; lett our povertie,
infirmitie, and confortlesse estat in respect of our outward meanes,
(suppose we darre not deny, but our God does fullie confort us
in all our affliction ;) beside, the desolat and lamentable estat
of our poore congregatiouns, famishing for want of the blessed
truthe wherewith they have beene so oft conforted by our minis-
trie, the which to us is more greevous than anie thing ellis that
concernes our selves ; lett these things, we say, be sufficient, sup-
pose none of your fingers could make the burthein heavier.
" Yee know, brethrein, how changeable the outward conditions
are. There is no new thing to the sancts and servants of God,
and that which we are this day, that some of you may be at
another tyme ; and in the measure yee measure now out to others,
it will be measured to you again. If we have sinned, lett us by
1605. OF THE KIRK OF SCOTLAND. 371
love be informed, and convict us by the truthe, and we are readie
to yeeld. If we have not failed, wliy are we thus rebooked, why
are we thus intreated ? why are our brethrein so mercilesse ? why
adde they sorrow to them that are in afEictioun alreadie ? Yee
know, the earand was lawfull that we were sent to ; lawfull by all
lawes divine and humane, practised these fourtie-three yeeres in
this kirk, with the Lord's great blessing, that never a kirk in anie
age had a greater. Our callings were ordinarie and lawfull by our
travells and synods. If anie has failed, not we, but they that sent
us ; for legatorum corpora semper fuerunt sacra. We went not
without a calling. We did nothing, but according to our commis-
sioun, givin, and approved by them that gave it. That which a
communitie has done, may or sould privat members disannull or
call backe ? His Majestie's charge, we hope, is fullie knowne to your
consciences, that it was fullie obeyed. The letter of his Majestie's
Privie Counsell [was] obeyed also, by delaying all things, onlie
nominating the day and place of the nixt Generall Assemblie,
which was desired earnestlie to have beene done by the king's
commissioner, short or long, but obstinatlie refused. Lesse could
not be done, and more we would not doe, for avoiding of all
offence. The commissioner's letter was without the designatioun
of anie certan ather day or place. Our synods and presbytereis
■who sent us have to answere to it, and not we who were sent. Is
the obedience to our callings, to presbytereis and synods, in so
lawfull a thing, agreeable to all lawes divine and humane, practised
in this kirk so long, so high a transgressioun, as not only to deserve
80 long and confortlesse a punishment, but also to be reputed and
compted by the brethrein in the fellowship of the same ministrie,
an iniquitie, and the cans of trouble in the kirk of Christ, our pres-
bytereis and synods who sent us, and allowed the same, never yitt
being challenged, accused, convicted, or condemned for the same ?
" The thing craved of us was, the reputing of that Assemblie to
be null, a confessioun of offence, and submissioun of our selves
to his Majestie's reverence for the same. Is it in our power, who
are now but privat members of that Assemblie, to annull that
372 calderwood's iiistorie 1605.
■which a kh'k sent us to doe? A kirk gathered together in the
name of the Lord has done, and the kirk which sent us has approved
it, being done. Sould a privat member take upon it that which
belongeth to the whole bodie ? Whether this were against all law,
nature, reasoun, custome, we referre it to your wisdoms to judge
upon ; and speciallie, seing nather they who sent us and approved
us, nather we in our ordinarie judicatour as yitt condemned, and
the mater it self suche a thing which no man can say, but
of it self it is lawfull. As for confessioun, if we have failed,
and our fault can be cleerelie shewed us, we refuse not, nather sail
we thinke shame by his grace to confesse offence, where it is. But
if there be none, at the least, we not convicted of it, nather in our
owne consciences, nather by them who has the authority of judge-
ment of the maters of our callings in the hous of God, with what
conscience may we? With what conscience can anie desire us,
seing a woe by the Lord's owne mouth is pronounced against them
w^io call light darkenesse, darkenesse light, good evill, and evill
good ; and whatsoever is not of faith is sinne ? And this were to
be against our owne consciences. Which things, how little so ever
they appeare in the consciences of some, who have not yitt thought
of the strictnesse of God's reckoning, and of the severitie of judge-
ment ; who sail punish all leers, and them that love lees, in the
laike that burnes with fire and brimstone, yitt we beleeve these
things, and therefore darre not, against the light of our consciences,
willinglie sinne, and so fall in the hands of the living God. As
for submissioun, what have we but our bodeis and goods ? Our
conscience is the Lord's, and our calling is his. The former we
did submitt, and with all humble reverence submitt, so that if our
imprisonment, if our banishment, yea, if our lives may redeeme the
peace and unitie of God's kirk, may appease the wrathe of our
gracious soverane, we did not refuse, nather doe we refuse, having
learned by his grace to preferre the peace of the kirk, and his
Majestie's favour, before anie earthlie thing that can befall us.
Farther we may not goe ; nather can we thinke, that anie that has
the meannest sparke of conscience left will bid us goe farther.
1605. OF THE KIRK OF SCOTLAND. 373
" Now, as to the last point that we offered, first, in submissioun
of our selves and all that belonged us to his Majestie, for appeasing
of his Hienesse' anger, reserving our calling and conscience to
God, who is the onlie author and judge of them. Nixt, that we
for our parts agreed and consented, that our proceeding at that
Assemblie to the appointing of another day, sould be reputed as
null, and that, becaus the day was alreadie expired, and so null
of the self, and another day appointed by his Majestie's proclama-
tioun. The which, as we did by the advice of our faithfull and
wise brethrein who were with us, as^ the farthest which ather we
might, or they thought they could advise us to doe, so would we
understand of your wisdoms, whether heeriu we have past from
anie point of a good conscience, concerning that mater for which
we suffer, or not, as by some we are interpreted to have done ; or
if in our offer there be anie thing laiking on our parts, which,
without hurt of our conscience, or prejudice of the cans, we sould
have done for the appeasing of his Majestie's wrathe ?
" Thus have we beene bold with you, to communicat both the
truthe of that which was done by us, of that which was craved of
us by the counsell, which we did offer, as also, to expone our
greeves to your brotherlie love and compassioun ; desiring of you,
in the bowells of Jesus Christ, as yee your selves would have con-
solatioun in the day of your misereis, and especiallie in that great
day, to spread the lappe of your love and compassioun over us ;
and at the least, if the Lord will not move you to be the instru-
ments of our consolatioun and deliverance, that none of you would
be the instrument to multiplie our greeves. If we have erred in
anie thing, we refuse not to be instructed ; and if anie one of us
be convicted, by the grace of God we sail not be ashamed to yeeld
confessioun, in the humanest and basest manor. If our conscience
be not convicted, what severitie is this, to force us by outward
extremitie ? We would have thought this meane to be proper onlie
to the Papisticall kirk, and that none of our brethrein would have
borrowed from them that meane of compulsioun ; for we know
that his Majestie and counsell doe nothing but as they are advised
and informed by our owne brethrein.
374 CALDEii wood's historie 1606.
" We will not trouble your wisdoms no more, but end with
this notable historie of Eusebius Samosatenus, who, being com-
manded by Constantius the Emperour to send him the subscribed
decreit of the councell for the ordinatioun of Miletus to Antiochia,
which was givin to him in custodie, answered, ' Non est integram
mihi restituere commune depositum nisi congregatis universis qui mihi
commiserunt; which incensed the emperour in suche a wrathe,
that he sent letters unto him, commanding it to be sent unto him,
under the paine of losing of his right hand. Which when he had
read, he understood the punishment that was threatned. With
the right hand he reached out the left also, saying, ' Ambas seca,
nam commune dccretum non restituam^ The which courage and
constancie being knowne to the emperour, who otherwise favoured
the Arrians, was so farre from being incensed thereby, that the
historie records of him, ' Eum admiratus laudare nunquam, destitit.^
So great conscience this worthie man maketh with suche resolu-
tioun, to suffer for the same, to take upon him the things that
belonged to manie. And thus, committing you to the protectioun
and presence of the Almightie God, we desire to be remembred in
your prayers.
" Your brethrein now in afflictioun.
" From Blacknesse, the 18th of November."
M.DCVI.
THE IMPRISONED MINISTERS STAND TO THEIR DECLINATOUR.
The Erles of Marr and Dumbar came from court about the
beginning of Januar. It was suspected they were sent doun for
some great alteratiouns ; but all turned, in end, to the putting of
the ministers wairded in Blacknesse to an assise. The Erie of
Dumbar regraited to Mr James Melvill the imployment, and said
he could be content to give a thowsand pund Sterline to have the
king satisfied in that mater, without hui't to the kirk, and danger
of the honest men that were waii'ded ; desired him to move them
1606. OF THE KIRK OF SCOTLAND. 375
to anie slight confessioun of a fault, and to come in the king's will ;
promising to imploy his credit to the uttermost to pacific the king,
and to take upon him that there sould never be a sturre again
betuixt the king and the kirk ; and that great maters sould be
effectuated for the weale of the same, namelie, that the bishops
sould be cutted short of their intentiouns. After Mr James had
declared his minde plainlle to the erle, he went to Blacknesse,
glade to have this occasioun to conferre with the brethrein. No
argument left he unused to try their constancie, but he found
them Weill resolved. After confortable exercise of reading, pray-
ing, reasouning, they went to bed. They were awaked out of
their morning sleepe by the sound of trumpet; for the guarde
came to convoy them, and to present them to the counsell, which,
as the lieutenant of the guarde said, was to sitt doun by day light.
So did the counsell that condemned Christ.
After incalling on the name of God, they came to Linlithquo by
the sunne rysing, and were brought the high way to the palace,
where a most frequent counsell was sitting. The Countesse of
Linlithquo, howbeit an obstinat Papist, but now a zealous pro-
fessour, receaved them verie courteouslie, and, after good inter-
teanement, caused convoy them to a chamber. Sindrie ministers
resorted to them, so that some Generall Assembleis have beene
rarer in number than this meeting. Mr Johne Forbesse mode-
rated. Sindrie counsellers and others were imploy ed to breake
them, but in vaine. Therafter the counsell directed purposelie the
Lords Newbottle and Blantyre, Whittinghamc, and Mr William
Hart, justice deput, to reasoun with them, and to bring them to a
submissioun; but in vaine. Then they were sent again, with
diverse others, and, namelie, with the advocat, to acquaint them
with the processe, and to assure them that it would tend to their
convictioun. Mr Thomas Hammiltoun, the king's advocat, Mr
Thomas Craig, and Mr William Oliphant, lawyers, counselled
them to passe from the declinatour pro loco et tempore ; assuring
them it would be no wise prejudicial! to the kirk, their caus, or
themselves, to be used again when they pleased : if they would so
376 calderwood's historie 1 606.
doe, that the counsell would passe from all processe and persute,
and so they sould be free. Manie of the brethrein fearing the
danger might befall the imprisouned, if they were putt upon the
pannell, craved a tyme to consult upon that overture. Mrs Andrew
INIelvill, James Melvill, Johne Carmichaell, Patrik Simsone, Henrie
Livingstoun, Adam Bannatyne, now Bishop of Dumblane, Johne
Dykes, Kobert Colvill, George Inglis, Michael Cranstoun, William
Arthure, and other ministers, to the number of fourtie, or ther-
about, conveenning, reasouned among themselves. The mater was
thought to be of suche importance tuiching the whole kirk, that it
M as hard for them to jeopard in it, and after deepe consideratioun
of the danger that might ensue on all sides, found it meete and
expedient not to passe from the declinatour, except upon condi-
tioun, viz., that the lords would cancell the act of counsell alreadie
made, wherin they found themselves judges of all causes spirituall
and civill. Some brethrein were directed by the counsell sitting
in order, to the chappell of the palace. The conditioun was not
accepted, becaus the act was alreadie registred, as was alledged.
Then they desired that an act might be made, talking away the
strenth of the former ; which was also refused.
The ministers advising what to answere nixt, two were sent
from the lords to desire them to haste their answere, becaus the
day was spent. It was found, after long deliberatioun, that their
passing from that declinatour could not but be a dangerous pre-
parative, and verie prejudiciall to the liberteis of the kirk. There-
fore it was thought good that the lords sould be intreatted to grant
delay, till the synods conveenned which were appointed to meete
in the moneth of Februar nixt following, or till the brethrein who
were to be accused, advised with their presbytereis that sent them
to the Assemblie, promising to use their advice. If no tyme were
granted of advisement, it was found with universall consent no
wise meet to passe from that declinatour for anie danger that could
ensue, at least for that tyme. Mrs James Melvill, Patrik Simsone,
Johne Carmichaell, Henrie Livingstoun, Adam Bannatyne, were
directed to the counsell, to make requeist for the foresaid proroga-
1606. OP THE KIRK OF SCOTLAND. 377
tioun. When it was refused, they shewed that the brethrein
would not passe from the declinatour, what soever danger would
ensue. After that they returned with answere to their brethrein,
Mr Johne Forbesse, Mr Johne Welshe, and the rest of the
prisoners, with great confidence said, they saw the Lord had called
them that day to give a testimonie to the llbertie of the kingdome
of Jesus Christ, and to stand for his crowne, and therefore were
not affrayed, but glade ; onlie, besought the brethrein there to
give them faithfull advice, least they hurt the cans, having no
respect to anie thing could befall them in comparison of that. The
brethrein glorified God for their constant resolutioun and courage,
and confirmed them by their uniforme consent and prayer.
TELE PROCEEDINGS BEFORE THE JUSTICE DEPUT.
The lieutenant of the guarde came to the brethrein, and told
them that the justice deput, Mr William Hart, with all the mem-
bers requisite to putt the said ministers to an assise, assisted with
the whole counsell, was sett in the Tolbuith, attending the pre-
senting of the ministers. Mr Johne Forbesse, as mouth to the
rest, recommended the cans into the hands of the righteous Judge
of the world. The whole brethrein accompanied the ministers to
the judgement hous. About one after noone, they presented
themselves before the justice deputt, and whole conventioun there
present. The prisoners of Blacknesse being called, entered within
the barre, upon the pannell. The justice clerk deput shew them
that they were endytted there for treasoun committed against the
king's Majestic, and so read their libelled dittay. Being enquired
what advocats they would have to pleade for them, they answered,
Mr Thomas Craig and Mr William Oliphant. They were called
on, but refused to pleade for them, as was reported to the judge.
Then they nominat Mr Thomas Hope and Mr Thomas Gray.
They compeered, and alledged, that no doubt Mr Thomas Craig
and Mr William Oliphant would compeere and plead if they were
sent for, seing they were come to the toun for that effect. The
378 CAf.DERWOOD'S HISTORIE 1606.
lords sent for them, and stayed till answere was returned. But
they refused to come. Mr Thomas Gray yitt insisted, alledging
that Mr Thomas Craig sould be urged, seing he had a yeerelie
rent to procure for the kirk ; and Mr William Oliphant, becaus he
promised to procure that day for them. It was answered, they
would urge no man to procure. Then Mr Thomas Hope and Mr
Thomas Gray desired to know if it was their Lordships' Avill that
they sould procure in that caus. It was answered, " Yea." The
substance of Mr Thomas Hammiltoun, the king's advocat, his accu-
satioun, was concluded in this syllogisme : —
AVhosoever, in whatsoever caus, declynes the king and coun-
sell's judicatour, iucurres the guiltinesse and paine of treasoun.
But these upon the pannell have declynned the king and counsell's
judicatorie : Ergo, They have incurred the guiltinesse and paine of
treasoun.
The propositioun he proved by the secund act of parliament
holdin at Edinburgh, in May 1584. It was answered, first, that
the meaning of that act was not to make all declinatours guiltie
of treasoun ; for it is acknowledged most lawfull, in civill or crimi-
nall actiouns, to declyne the Secreit Counsell, as uncompetent
judges, and to draw them to the sessioun, shireffs, and justicers.
And so, it may be most lawfull, in maters ecclesiastick, to declyne
the same counsell, and to claime to the Gcnerall Assemblie, or
inferiour synods and presbytereis. 2. That that act, and the whole
force therof, was abrogated and repeeled expresselie by a posterior
act, in the parliament holdin at Edinburgh, in the yeere 1592, in
so farre as concerned maters of heresie, doctrine, sacraments, ex-
communicatioun, or discipline of the kirk. But so it is, that to
iudo-e of the lawfulnesse or unlawfulnesse of a Generall Assemblie,
was a speciall point of discipline, yea, that which keeped doctrine,
sacraments, discipline, and all, in order uncorrupted. 3. That the
act bare an incurring of the paine of treason allanerlie, which paine
can never justlie be inflicted, unlesse the fact be found treasonable
by the law. But so it is, that there is no law, defyning the decli-
natour of an uncompetent judge to be treasoun.
1G06. OF THE KIRK OF SCOTLAND. 379
Mr Thomas Hope thought it meete to putt all his reasons in
writt, ad futuram rei memoriam ; and there instantlie and oif hand,
dytted his reasouns to the two clerks there present. The king's
advocat did the like. There was sharpe reasoning on both sides.
Notwithstanding of the clerks' swift writting, two houres were
spent before they made an end. Mr Thomas Hope had never
pleaded before the justice clerk before ; yitt nothing was wanting
in him in that actioun, that was to be found in the most expert
lawyer. His pleading that day procured him great estimatioun
and manie clients ; and his credite has ever growne sensyne, till
now, that he is become the king's advocat. Mr Thomas Gray was
a man of sincere affectioun, and of good skill in the lawes, but not
of so good utterance.
After long reasoning betweene the advocats, the judge pro-
ceedeth to an interlocutor. The justice deput roundeth to all the
lords that were on his right hand, and the chanceller sitting on his
left hand above him. Then he pronounces, that by the uniforme
consent and votes of the whole counsell, and lords there present
assisting him, the propositioun was found relevant, and the answeres
made repelled. The Erie of Marr, the Lord Halyrudhous, and
Mr Johne Prestoun, collector, said, " Say not, all, for there are
heere that are not, nor never will be of that judgement." The
justice replyed, "My lord, this is a mater yee will not gett
amended, and your part sail be as deepe heerin as the rest." The
advocat proceedcth to the probatioun of the assumptioun, " which,"
said he, " is evident, by the declinatour givin in, subscribed by their
hands." The declinatour was read, and he said, they had treason-
ablie declynned the king and counsell's judicatorie. The pannell
answered, first, that they had not declynned the king's judicatorie,
but onlie the counsell's : that they were ever, and yitt would be
content to be judged by his Majestic and the Generall Assemblie,
or his Majestic with the Generall Assemblie ; and had ever pro-
fessed, and offered themselves, lyke as they presentlie professe and
offer themselves, in their bodeis, goods, and geare, and all that
they had, to be in no other ranke or conditioun than anie other
380 calderwood's historie 1606.
subject ; and in all humllitie to submitt themselves to be judged
according to the lawes, and commoun order of the realme ; craving
no immunitie or priviledge, as Papists doe, but onlie that accord-
ing to the Word of God, and lawes of the realme, which had dis-
tinguished the civill and ecclesiastical! jurisdictiouns, and so ever
keeped them distinct, the maters of the kirk to be judged and
cognosced by the kirk, and her Assembleis ; vphich were als weill
ratified and confirmed by the lawes of the countrie as anie other
judicatorie. Nixt, whereas he assumed " Treasonablie," that was
sophistrie, and bad logick, for he tooke more in the assumption
than was in the propositioun ; for nather the propositioun, nor act
alledged for probatioun therof, conteaned these words, " treason-
ablie declynes." At last, the pannell was heard to make a declara-
tioun upon the declinatour, which Mr Johne Forbesse dytted to
the clerk at leasure.
The assise was called. No exceptioun was taikin against anie
of their number, becaus they were all unknowne to the pannell and
their advocat. Yitt was there just cans of exceptioun : for the
Laird of Craigiehall, chanceller of the assise, was a dissolute man,
and at the home ; Marke Swintoun of Innerkething, a Papist ;
others had sutes at court. Some were raeane men, easilie seduced
or terrified ; some, not heard of, before they were presentlie there
nominated. Suppose the pannell had gottin some of them castin,
yitt others als prophane would have beene chosin in their roomes.
The Laird of Polwart was called on six or seven tymes, and sent
for, before he compeered. When he compeered, he said, " My
lords, if you had anie thing to bestow upon us, I thinke you sould
skarse have cryed so oft for us. As for my selfe, I confesse I am
an ijinorant man ; and I thinke, the like of this turne that we are
now about hath not beene practised in our dayes. I am now a man
of good age. 1 beseeche your lordships to spare me, and to putt a
fitter in my rowme." It was answered, his alledgance was not
relevant ; it behoved him to doe as he could. Dunipace alledged
likewise the noveltie of the mater, and desired delay till the morne,
for ryper advisement. It was answered, " No delay." " Then,
1606. OF THE KIRK OP SCOTLAND. 381
my lords," said he, " lett us have the advice of wiser men than our
selves. Lett us send for Mr Thomas Craig, and Mr William
Oliphant, to be present with us." " Doe according to the judge-
ment yee have," said the justice deput, after he had rounded with
the chanceller, as his continuall custome was in all his answeres ;
" for it is against the law," says he, " that anie except the assisers
sould be present : serve your conscience in this turne, as yee will
be answerable to God and the king." Dunipace answered, that
God willing, he sould doe according to conscience, follow upon it
what would. After their oath taikin solemnelie, conforme to the
order, the king's advocat sayeth to the assise, " The judge hath
alreadie approved the propositioun of my accusation, that it was
treasoun to declyne the king and counsell's judgement. There
remaineth onlie the secund part to judge upon, to witt, if these
persons who are on pannell have declynned. This is easie to dis-
cerne, in so farre as their declinatour, under their handwritts, was
there present before the judge, to the which they themselves stood,
so that in necessitie they must be fyled ; otherwise, I protest for
an assise of errour, and so your lives, lands, and geare, sail fall in
the king's hands."
After he had thus informed and terrified the assise, the pannell's
advocat, on the other part, willed the assise to remember his
defences used, which he resumed shortlie, and to judge equitablie
and truelie, and not after alledged lawes not onlie repealed and
abrogated in part, but also made in a violent tyme, and not weill
grounded, against which, at their verie proclaiming at the Mercat
Croce of Edinburgh, Mrs Robert Pont and Walter Balcalquall, in
name of the whole kirk, tooke protestatiouns and documents of
their disassenting, in the hands of Mr George Mackesone, notar-
publict. He exhorted them to feare the righteous God, and
Christ the great Judge ; and last, he willed them to remember the
estimatioun and honour of the men accused, both in the kirk and
countrie, wherin they had served as ministers manie yeeres, with
great approbatioun and praise of all. Mr Johne Forbesse and Mr
Johne Welshe exhorted the assise likewise to keepe a good con-
382 calderwood's historie 1606.
science. Mr Johne Forbesse said to the lords, " Lett it be lea-
some for us to speeke for our selves, and take heed what we say ;
for we sail speeke nothing, God willing, but the truthe, which we
sail scale with our blood, if need require. And yee, gentlemen,
that are now chosin upon our assise, yee had need to know the
caus wherefore we are accused this day, that yee bring not inno-
cent blood upon your heads ; which if yee doe, God sail require it
at your hand, in that great day of judgement, when he sail rander
to everie man according to his workes." The justice deput desired
Mr Johne to be als breefe as he could, if he was to speeke anie
thing. Mr Johne said, he sould, as the weightinesse of the mater
would suffer ; and so beganne : —
" We are thought to manie that know not the truthe of our pro-
ceedings, to be wilfull, because we will not confesse that we have
justlie offended the king, in keeping a Generall Assembhe against
his Majestie's will : for it is alledged, that we were charged the
night before by letters of horning not to keepe that Asserablie ;
and that the king's commissioner, the Laird of Lawrestoun, has
for that caus executed the letters, and caused putt us to the home.
" Secundlie, that we receaved a letter from your Lordships of the
Secreit Counsell, and disobeyed it ; and, Thridlie, that the com-
missioners of the kirk sent a letter, shewing us that it was his
Majestie's will that our Assemblie sould continue, and not be
keeped the fyft of that instant JuHe.
" As to the letters of horning, which Lawrestoun alledged, we
heere protest before God, who knowes the secreits of all hearts, we
are perswaded there were never suche letters executed duelie
ao-ainst us. We offered, in the beginning, to prove the executioun
of these letters to be false and forged, but were not heard. We
heere yitt again take in hand, under the paine of death, to prove
that these letters were never executed against us, as he has caused
indorse them.
" As for your Lordships' letter, it was sent to us indorsed after
this maner, ' To the brethrein of the Generall Assemblie to be
holdin at Aberdeene.' It required two things : 1. That we sould
1606. OF THE KIRK OF SCOTLAND. 383
doe nothing at that Assembhe. 2. That we soald appoint no new
dyet or meeting. Now, if it was directed to the Generall Assem-
blie, we behoved once to meete, before it could gett an answere,
and that we did not, without Lawrestoun's speciall consent. He
was present with us a great part of the tyme that we satt in that
Assemblie. As for the first part of the letter, we obeyed it fullie,
to Lawrestoun's owne full contentment. As for the other part, it
was thought by all that were present, that we could not be answer-
able to our presbytereis, if we suffered the tyme of the nixt Assem-
blie to fall in non-entrie through default of inductioun ; for then
could we not by the approved order, since ever there was an As-
semblie in Scotland, have gotten another Assemblie after that tyme.
" As tuiching the letter directed from the commissioners of the
kirk, we, all that were present at that meeting, knew verie weill,
what corrupt course they were upon, seeking nothing lesse in all
their actiouns than God's glorie ; willing to pleasure men, and
loving preferment and Balaam's wages better than an upright con-
science, so that we need not impute our trouble to anie other, as
cheefe instruments, than to them ; yitt, our presbytereis sould be
accused for not following the advice of that letter, and not we,
who were sent by them, and behoved to obey them. Farther, we
had a more evident warrant by the said commissioners to keepe
that Assemblie, by their letter directing us so to doe, directed from
Perth the yeere before, wherin they nominated tyme and place to
us, than to obey this last letter, wherin they appointed no tyme to
us to conveene to our Assemblie heerafter. Farther, if Lawrestoun
would have taikin upon him to have nominated anie tyme, short or
long, to us for another Assemblie, we had done nothing at that
Assemblie.
" But seing your Lordships doe passe from this part of the pro-
cesse, and doe onlie accuse us of this, that we doe declyne his
Majestic and your Lordships, as competent judges to the lawful-
nesse and unlawfulnesse of our Assembleis, as spirituall mater,
your Lordships would misinterpret our declinatour. We desired
to have taikin it up and reformed it. But this being denied, we
384 calderwood's historie 1606.
expone and give the meaning of it in writt, in maner following :
' Protesting before God, that we declyne not his Majestie, and
you liis counsel!, as judges to us, in anie cace wherin his Majestie
and yee may be judges, to all other subjects in the land ; nather
yitt declyne we the king's Majestie, as judge to us in ecclesiasticall
or spiritual! maters, he judging conjunct w^lh the General!
Assemblie ; but heartihe submit all our causes belonging to anie
of our spirituall effaires to liis Majestie, when ever God sail give
occasioun, that he sail be present with the Generall Assemblie.
For it was never heard in anie natioun, where ather the time
religioun or Poprie has beene professed, that the king and his
counsell were judges to spirituall maters. Yee are civill judges,
ordeanned to judge upon civill and worldlie causes. Seing then
yee accuse us for declyning your Lordships as judges to us in this
maner, as we have spokin, in that cace we stand to our declinatour,
having the warrant of God's truthe, the approbatioun of our owne
consciences enlightened thereby, and the advice of our faithful!
brethrein who can not of their consciences counsell us to passe
from the same, except we would be tratours to Christ and to his
kirk. And that your Lordships, and yee gentlemen on our assise,
may know what an heavie burthein yee take upon your soules, if
yee sail condemne us for sticking to the truthe, yee sail see, that
yee are als weill bound to mainteane the word of truthe, and the
discipline professed in our kirk, as we, as is evident by that
Confessioan of Faith which the king's Majestie himself has swome
and subscribed, and all yee that are heere present of whatsoever
ranke and degree :' — So he draweth out the Confessioun, and
readeth these words, ' To the which (meaning the true reformed
kirk as it was then, and is presentlie reformed in Scotland) we
joyne our selves willinglie, in doctrine, faith, religioun, discipline,
and use of the holie sacraments, as livelie^ members of the same in
Christ, our Head ; promising and swearing by the great name of
the Lord our God, that we sail continue in the obedience of the
doctrine and discipline of this kirk, and sal! defend the same
according to our vocatioun and power, all the dayes of our lives,
160G. OF THE KIRK OF SCOTLAND. 385
under the palnes conteaned in the law, and danger both of bodie
and soule in the day of God's fearfull judgement.' Now, my lords,
and yee gentlemen that are upon our assise, seing yee have all
sworne before God, and subscribed these words with your hands,
judge yee in what estat yee stand, if yee condemne us for maintean-
ing of this discipline so weill warranted to us by the Word of God,
and approved by the lawes of the countrie. As for us, our lives
are not deere unto us in this cace. If yee take upon you to con-
demne us for suche a cans, take heed, gentlemen, reputed good
Christians, that yee be not notablie perjured in decerning that to
be treasoun, for pleasure or feare of anie man, which yee have
subscribed, and sworne yee will professe and defend to your utter-
most power."
When Mr Johne Forbesse had spokin, the justice deput said,
" Sir, have yee ended ? I pray you, lett us proceed, that we stay
not heere all night." Then beganne Mr Johne Welshe to speeke
with no lesse motioun, saying, " My lords, and yee gentlemen,
take heed what yee are doing in this mater; for our lives are not
so deere unto us as the cans of Christ, blessed be his name, that
has givin us the approbatioun of faithfull brethrein, that we are
doing in this mater but that which we can not leave undone, with-
out the hurt of our soules and consciences. The Lord, that
knoweth the secreits of all hearts, knoweth if we meane anie dis-
loyal tie to his Majestic, or hurt to his kirk. Therefore, if yee will
take innocent blood upon your heads, see yee to it."
Mr Thomas Hammiltoun, the king's advocat, brake off suddanlie,
and said to the assise, " It is needlesse to answere all these things,
nather ought yee to be moved with suche tales. You are onlie to
see what yee are to doe of good conscience, according to the lawes
of the countrie. To repeate it over again, I say, the Justice heere,
with these honourable lords, his assessors, have repelled all their
alledganees, and find, that if they have declynned his Majestic and
counsell as judges to them, they have brokin the act of parliament,
made in the yeere 1584, whereby they incurre the paine of trea-
soun : so as yee have onlie to see whether they have declynned.
VOL. VI. 2 B
386 calderwood's historie 1606.
There is the declinatour subscribed with their hands, as a plaine
evidence, so that they can not but be convicted, if they will yitt
stand obstinatlie to it. If yee doe otherwise, it is not possible for
you to eshew an assise of errour. I have no farther to say, but
doe as yee will be answerable to the king's Majestic and his lawes."
Then the justice depute desired the assise to remove in all haste.
Mr Johne Forbesse seing there was no stay, said, "My Lord
Dumbar, I will advertise your Lordship of one thing to be reported
to his Majestic. I know not whether I ever will see his Majestic
againe or not. I adjure you before the living God, that yee
report to his Majestic, in our names, this historic writtin in the
booke of Josuah. There was a craftie people called the Gibeon-
ites, that fearing to be destroyed by the Israelits, came to them,
and dissembled, as though they had come from a farre countrie.
The princes of the people, not consulting with God, made a cove-
nant with them, that they sould not destroy them, and the oath
of God was taikin betuixt them. Now, King Saul, in his dayes,
thought he had done weill to destroy the Gibeonites, who had
deceaved Israel. But the historic after declareth, that God sent
a great plague upon the whole land, and the vengeance of God
fell upon Saul and his posteritie, so that seven of his sonnes were
hanged. When the caus was asked of the Lord, he answered,
* It is becaus of Saul and his bloodie hous, that slue the Gibeon-
ites, to whom a promise was made, and the oath of God past
betuixt them and the princes of the people.' Now, my Lord,
wame the king, that if suche an high judgement fell upon Saul
and his hous, for destroying them who deceaved Israel, and onlie
becaus of the oath of God which past among them, what judge-
ment will fall upon his Majestic, his posteritie, and the whole
land, if he and yee violat the great oath that yee have all made to
God, to stand by his truthe, and to mainteane the discipline of
his kirk, according to your powers ? In cace anie of you would
thinke to elude God by double dealing with him, I will read onlie
another passage of this confessioun, and so end. These are the
words, *And seing that manic have beene stirred up by Satan,
1606. OF THE KIRK OP SCOTLAND. 387
and that Roman Antichrist, to promise, sweare, subscrlve, and for
a tyme to use the holie sacraments in the kirk deceatfullie, under
the externall cloke of religioun, to corrupt and subvert secreitlie
God's true religloun within his kirk, and afterward, when tyme
may serve, to become opin enemeis and persecuters of the same,
under vaine hope of the Pope his dispensatioun, devised against
the Word of God, to his greater confusioun, and their double
condemnatioun, in the day of the Lord Jesus : We, willing to
take away all suspicioun of hypocrisie and double dealing with
God and his kirk, protest, and call the Searcher of all hearts to
witnesse, that our mindes and hearts doe fullie agree with this
our confessioun, promise, oath, and subscriptioun ; so that we are
not moved for anie worldlie respect, but are perswaded onlie in
our consciences, through the knowledge and love of God's true
religioun printed in our hearts by the Holie Spirit, as we sail
answere to him in the day when the secreits of all hearts sail be
disclosed,' Now, see the paine, and how no shift nor worldlie
moyen will helpe you, if yee doe against your oath and consciences.
And as I have spokin, I thinke the whole brethrein heere will
subscribe and allow the same. So, take this to heart, as yee will
be answerable to God in that dreadfull day of judgement ; to which
we appeale, if yee wrongouslie condemne us." All the brethrein
said, *'Amen."
THE TRIELL OP THE ASSISE.
The chanceller and justice deput desired the assise to remove.
They entered into the hous below, where they remained enclosed
above six houres, and the justice clerk, the Erie of Berwick's
brother-in-law, with them. It was thought by wise men, that
ather Dunipace or Keir sould have beene chosin chanceller of the
assise ; but the mater was dressed otherwise, and Craigiehall was
chosin chanceller. There was bote reasoning among the assisers.
Johne Livingstoun, Laird of Dunipace, reasouned so pithille, that
the jurie inclynned to absolve him; which being espyed, there
was muche dealing with everie particular man, partlie by terrours,
388 calderwood's historie 1606.
and partlie by promises, speciallie by this informatioun, that no
harme was intended against the ministers, but onlie it behoved
to please the king, and then all sould be weill. Neverthelesse,
six of the number absolved simpliciter, viz., Johne Livingstoun of
Dunipace, Sir Archibald Stirline of Keir, Gawin Hume of Johns-
cleuche, Robert Livingstoun of Westquarter, Thomas Living-
stoun of Pantoun, James Schaw of Sawchie. The other nyne
were enduced to fyle them. The chanceller of the assise com-
peering in judgement, declared that they were fyled by maniest
votes. The Laird of Dunipace professed that he absolved them,
not onlie as innocent of the treasoun, but also as honest ministers,
faithful! servants to Christ, and good subjects to the king. The
judge continued the sentence till his Majestie's will and pleasure
sould be farther knowne, and ordeanned the convicted persons to
be taikin backe to their waird, and to be straitlie keeped, that no
man have accesse to them. The convicted embraced cache other,
and thanked God for his presence in the whole actioun. They
were convoyed to the palace again about ten houres at night.
The people said, " Certanelie this was a worke of darkenesse, to
make Christ's faithfull ministers tratours to the king : God grant
he be never in greater danger nor of suche tratours !" The
brethrcin of the ministrie convoyed the prisoners again to Black-
nesse on the morne, where, with thanksgiving, prayers, and manie
teares, they left them more confirmed than ever they were.
These were the proceedings of the assise, as Mr James Melvill, a
spectator, has sett doun in his Memorialls. For farther light
and informatioun, I will sett doun the extract following : —
" Curia tenta in prsetorio Linhthquo, 10 Januarii 1606, per
INIr AVilliam Hart de Prestoun, Justiciarium deputatum, nobilis
Domini Archibaldi Comitis Ergadiaa, Justitiarii generalis, S. D.
N. et totius regni sui ubi libet constitut. curia legitime affirmata.
" L^TRAN.
" Sir James Hammiltoun of Monkland, Knight, Advocat.
" The Lords of Secreit Counsell sitting in judgement, Johne
1606. OP THE KIRK OF SCOTLAND, 389
Erie of Montrose, Alexander Erie of Dumfermline, Lord Fyvie,
chanceller, Johne Erie of Marr, Alexander Erie of Linlithquo,
George Erie of Dumbar, Patrik Lord Glames, Alexander Lord
Elphinstoun, James Lord Abercrurabie, David Lord Skoone,
comptroller, J. Lord Balmerinoth, secretar to his Majestie, and
president of his Hienesse' Colledge of Justice, Marke Lord New-
bottle, Johne Lord Murrey of Tullibardin, Walter Pryour of
Blantyre, Johne Commendator of Ilalyrudhous, Sir James Dow-
glas of Whittinghame, Mr Johne Prestoun of Penniecooke, col-
lector to his Hienesse, Sir Richard Cockeburne of Clerkingtoun,
lord privie scale. Sir Robert Melvill of Mordecarnie, knight,
Alexander Maister of Elphinstoun, and Sir William Livingstoun
of Kilsyth, declared they would assist to the justice, as assessors
in this cans.
" Punnell. We sould have had fourtie dayes warning, seing we
are accused of treasoun.
^' Advocat. Citatioun is not needfuU, becaus they were in
waird, and the treasoun committed since. The like processe pro-
ceeded against Bonytoun, Rawfe Wallace.
" Pannell. The declyning of the Secreit Counsell is not sim-
pUciter the declyning of the king's authoritie, becaus one actioun,
in diverse respects, may perteane to sindrie courts of the kingj
Again, they did not declyne in respect of a pretended contempt,
but in respect they were called to answere for the unlawfulnesse
of the Assemblie, which is a thing meerelie ecclesiasticall.
" Secundlie, the intent of a law is to be respected. But the
intent of the statute 1584 yeeres was, that none sould declyne,
being summouned to answere de inquirendis ; where as the pannell
did declyne to answere for facts pretended to be committed. Now,
it is the judgement of all doctors, that odiosa sunt restringenda :
And, therefore, that which is made treasoun in one cace, is not to
be extended to other caces not expressed.
" Thridlie, that that act doeth not make declynniug a treason-
able fact, but onlie forbidds it, upon paine of treasoun.
" FourthHe, that act was repealed, so farre as concerneth the
390 calderwood's histopje 1606.
church, by a latter statute of — 92, where It is provided, that it
sould not be prejudicial! to the priviledges that God has givin
to the spiritual! office-bearers in the kirk, concerning heeds of
religioun, maters of heresie, excommunicatioun, collatioun, and
deprivatioun of ministers, and others suche like essentiall censures
ecclesiasticall, expresselie grounded, and having wan-ant out of the
Word of God. But the General! Assemblie is an ecclesiastical!
censure, expresselie warranted by the Word of God ; becaus treat-
ting of the heeds of religioun, &c., are proper parts therof, et
ejusdem est naturcB totum cum suis partibus.
" The pannell it self protesteth, that it submitteth it self to the
king's authoritie, to be judged by it in all causes, as anie other
subject is, or ought to be ; onlie it desireth, that whereas the
decerning: of the lawfulnesse or unlawfulncsse of a General! Assem-
blie is a mater raerelie ecclesiasticall, they may be judged by the
king and the Assemblie, as his Majestic doeth judge by civil!
persons in civil! causes.
" Advocat. The Lords of the Secreit Counsel! might als weiU
judge them as tuiching the lawfulnesse or unlawfulncsse of the
Assemblie, as of the contempt ; becaus the king's letters of horning,
and the command of the counsel!, forbade both the present Assem-
blie and also appointing of anie other.
" To the Secund, it is answered, that in the cace of Mr David
Blacke, as at all other tymes ellis, it was adjudged, that in all
maters, als weiU as de super inguireiidis, a declinatour was treason-
able.
" To the Thrid, it was answered, that all crimes ordeaned to be
punished by the paine of treasoun are treasonable.
" To the Fourth, it is answered, that the holding an Assemblie
at anie one certane day or place, is none of the particulars men-
tiouned in the statute of — 92 yeares, and therefore doeth not
abridge the statute of — 84.
" Pamiell. The pannell it self pleadeth, that the justice can not
putt them to the knowledge of an assise for treasoun, becaus they
stand at the home unrelaxed.
1606. OF THE KIRK OF SCOTLAND. 391
" Advocdt. The horning is relaxed, becaus the defendants are
suffered to pleade by their advocats.
" Assisa.
" Sir Jolme Hume of Northberwick, Sir George Hume of Brox-
mouth, Sir Johne Forester of Garden, Sir Archibald Stirline of
Keir, Johne Livingstoun of Dunipace, James Schaw of Sawchie,
Marke Swintoun in Innerkething, Chanceller, Harie Stewart of
Craigiehall, George Hume of Deanes, Gawin Hume of Johns-
cleuche, Thomas Livingstoun of Pantoun, Robert Livingstoun of
Westquarter, James Gib, younger of Caridden, Alexander Hume
of Rentoun, Sir Patrik Hume of Polwart.
'' Extractum de libro actorum adjournal. S. D. N. Regis,
per me, M. Patricium Bannatyne, clericuin deputatum
honorabilis viri Domini, Joannis Cockburn de Ormes-
toun, militis, clerlci justiciarii ejusdem general., et
in ipsius absentia, testan. meis signo et subscriptione
manualibus.
" Pat. Bannatyne."
Within foure or five dayes after, the Erie of Dumbar desired
Mr James Melvill to assay, if the prisoners might be enduced in
anie faire maner to crave pardoun of the king, and take remis-
sioun. He answered, that was but follie ; for they were resolved
to suffer more nor durst be executed against them. He besought
him to looke to the king's weale, and his owne standing. Dumbar
purged himself, and promised to imploy his credit for them.
FIVE articles proponed TO THE SYNODS.
The synods throughout the realme were by the king's directioun
appointed to conveene in the moneth of Februar, all upon one
day, in their owne shires and bounds respective. This was done,
no doubt, that one synod might not understand the resolutioun of
392 calderwood's historie 1606.
another, and so be encouraged by exemple. The king had his
commissioner or commissioners at everie synod, to crave answers to
the five articles following, as Mr James Melvill was informed : —
" 1. That nothing be altered that was done in the Generall
Assembleis whereat his Majestic was present.
"2. That bishops sail have full jurisdictioun under his Majestic
over the ministers.
" 3. That the commissioners of the Generall Assemblie be not
altered.
" 4. That there be no appellatioun from them to the Generall
Assemblie.
" 5. That the king be acknowledged supreme ruler of the kirk
under Christ, and that from him, the power of the ministers assem-
bling, and spirituall meetings, doeth lawfullie flow."
But these articles, as they were sent to the synod of Teviotdaill
and Merce, with Mr David Mackgill, younger, and Mr Gawin
Hammiltoun, Bishop of Galloway, were conceaved in the forme
following : —
" 1. That in the nixt ensuing Generall Assemblie, no former acts,
made in anie preceeding Assemblie, his Majestic being present, be
anie wise tuiched, altered, or interpreted.
" 2. That the state of bishops be not medled with, but con-
tinued in the same conditioun they presentlie are in, till his
Majestie's further pleasure and will be knowne.
" 3. That there be no alteratioun of anie of the commissioners
except upon tryell of some notable fact, in their doctrine, life, and
conversatioun.
"4. That notwithstanding of anie appellatioun, the commis-
sioners sail proceed, they alwise for their proceeding being answer-
able to the nixt Generall Assemblie.
" 5. That they acknowledge the warrant of their meetings to
come by the permission of the prince."
1606. OF THE KIRK OF SCOTLAND. 393
MR J. MELVILL'S letter TO THE SYNOD OF FIFE.
Mr James Melvill being pained with the gravell, and so de-
teanned from the synod of Fife, wrote to them this letter following,
being informed that the first five articles were to be presented : —
" Standfast in the Ubertie wherewith Christ has made us free,
and be not entangled again with the yoke of boundage.
Gal. V. 1.
" I had never so great a desire to be with you in assemblie,
(deere brethrein,) and was never withholdin with stronger cords
of sicknesse, sorenesse, and manifold inabiliteis, to my great
and heavie regrait. For when I perceave my miserable dayes to
consume in vanitie and vexatioun, ' Alas !' say I, ' sail I not be
refreshed in the assembleis of the Lord's servants, and in the pre-
sence and light of his countenance ? Sail I not see them conveened,
and fenced in the name of Jesus, (of whom all the hous of Israel is
lett to know of a suretie, that God has made him both Lord and
Christ,) with prayer and invocatioun, with preaching, learned,
grave, eloquent, of that heavenlie veritie of God concerning the
ruling, discipline, ordering, and governement of his kirk, so cleere
in Scripture, so plaine in historic, so allowed and loved by all
writters ancient and morderne, so profitable for unitie and sinceritie
against sects and confusiouns in our fourtie-six yeeres' experience ;
the life of our soules, the glorie of our kirk and kingdom, (in so
farre as it is the meane to reteane Jesus Christ, by the force of his
Conforter, to be resident amongst us,) the gall of our enemeis ;
and as uttered, so receaved with all your approbatiouns and
applauses, with your affectiouns, studie, and zeale, and with your
endeavoure to keepe and mainteane the same, yea, even jealous
least anie jote thereof sould fall on halting, and so be turned out
of the way. When I remember so manie good brethrein, all as
one man mett before the Lord, in veritie, charitie, wisdom, modera-
tioun, care, feare, fastnesse, constancie, and good order, my verie
394 calderwood's historie 1606.
heart bursteth for my unthankfulnesse, that sould thus deprive
and bereave me of my greatest confort in earth. But all the
wayes of the Lord are mercie and truthe to those that love him,
and are in his covenant ; mercie, in forgiving sinnes, and truthe,
in keeping his faithfull promises of grace.'
" So thus, I trust, my absence according to the order, is excused,
but not my duetie discharged. I heare of a strange quinarie of
articles, to be presented from his Majestic to our present Synods ;
but verllie, I nather will, nor can beleeve it to be true. For what,
is it possible that a most Christian king, leaving our kirk and
rcalme settled in religloun and policie, himself with aU his subjects
standing fast bound to God by a most solemne covenant, sworne
and subscribed throughout the land, and after so manic promises
and protestatiouns not to intend or meane alteratioun, propone
articles for ran versing and turning of all upside doun ? Now, putt
cace, that some commissioner wiU stand up to affirme, that these
articles be from his Majestic, noted by his owne hand, and so
furth ; verilie, yitt I can thinke no earnest truthe to be therin, but
some suche wise and godlie policie, as is commended in the Emper-
our Constance, the father of Constantino the Great, who, willing to
make a sure prooffe of the truthe and religioun of his servants,
charged them with plaine paganisme, that they sould professe
the samine for religioun, or then abandoun his court and offices.
But finding some readie to forefault all, er they sould renounce
their religioun, he takes these for sure servants and freinds, and
rejects the rest, and suche as never could be true to the emperour,
not being true to God in their religioun. For thinkes anie man
otherwise, that ever so godlie and wise a king would ever propone
to the Synods of Scotland points of plaine papistrie ? And have
not the pulpits of Scotland these fourtie yeeres bygane, sounded
als mightilie and plainlie against the Pop's supremacie, against
jurlsdictioun of a pastor above pastors, against tyrannic and usurp-
atloun of the power and libertie of the kirk, as cheefest and greatest
corruptions of antichristian poprle ? Yea, both pulpits and schooles
have beene more and freer against that, nor merits, masse, or pur-
1606. OP THE KIRK OF SCOTLAND. 395
gatorle. Can this be true and earnest dealing ? Not possible, unlesse
they thinke by a draught of Circe's dische, to tume us at an instant
from men into swyne ; or from precise preachers, to renounce our
faith, at a view of an article from court, and become apostat rene-
gats. Finallie, deere brethrein, if there sail be found anie thing of
the mater in effect, by whatsomever maner or borne up, my judge-
ment is, not to elude it or putt it off to a Generall Assemblie, as
pertinent thereto, sed principiis ohstandum quam fortissime et diligen-
tissime. For if it passe but plaine controlment and gainstanding,
it will be nixt amongst the Lords of Articles, er ever a Generall
Assemblie come. And, therefore, give them a plaine nolumus,
detestamur, anathemitizamus.
" First, then, I would we sould doe the dueteis of the true pro-
pheits, watchemen, and seers, to speeke, wryte, send, and make
faithfull wairning and admonitioun, in all humilitie and love, in the
name of our Christ, to our Christian king ; the which being done,
lett everie one prepare himself for giving a faithfull and constant
testimonie, as it sail please God to chop upon him, and call him
out thereto ; strenthening ourselves in the Word, prayer, and
espying the working of God with his owne servants, our deere
brethrein. And verilie, the tryell sail not have past all the tribes
of Israel, when the Sonne of Man sail be manifested in his glorle.
Lett Herod and Pontius Pilat goe to ; lett Licinius and Julian assay
their witts to doe all that the hand of God and his counsell has
appointed concerning the tryell of his kirk ; onelie the Lord looke
upon their threatnings, and give courage, strenth, and freedom of
language and spirit, to utter his truthe, and stand by the same, not
on pannell and prisoun onlie, but even at the fire, and on the
scaffold, if it like the world to assay that again, wherewith they
have beene oftin wearier and warred^ by the patience of thesancts.
Finallie, I would have the Assemblie requeisting my uncle, Mr
Andrew Melvill, to write to the king's Majestic fuUie and plainlie,
of the five articles following : —
" 1. That the ministrie of the Gospell Is from Christ allanerlle,
wherof men, even in office in the kirk, are but witnesses.
^ Worsted.
396 calderwood's historie 1606.
*' 2. That it is an essentiall part of the office of the ministrie
to keepe the Assembleis, for talking heed to the doctrine and
maners, to themselves mutuallie, and to their flockes.
" 3. That diverse hundreths of yeeres before ever there was a
Christian maglstrat, there were most floorishlng kirks, where
pastors, doctors, and professors, who as at home in their familels,
so together in thowsands, worshipped God, and who keeped manle
famous, frequent, and most profitable assembleis and councels
against the first hereticks, and repressed them.
" 4. That the space of threttie-two yeeres before anie expresse
and full ratlficatioun in parliament, the Generall Assembleis of the
Kirk of Scotland were better, fuller, and of greater authoritie, than
they have beene sensyne.
" 5. That the Gospell of peace, brought in peace and unltle from
deadlle warres, in this yle of Brltaine, and has nourished and sett
fordward the same to this present perfectloun. But unlesse it be
keeped in sinceritle, and Jesus Christ suffered freelle to raigne, all
the witts of the world will not be able to keepe it in unitie and peace.
" Your brother, poorelie,
" J. Melvill."
THE ANSWERS OF THE SYNODS TO THE KING'S ARTICLES.
How soone that this letter was read in the Synod, the king's com-
missioner. Sir David Murrey, latelie made Lord of Skoone, craved
the letter, that he might send the copie of it to the king. But
he sent away the principal! with diligence, and left the Assemblie
onlie the copie, under his owne subscriptioun. The Synod rejected
the articles. The Assemblie of Lothiane referred their answere to
the Generall Assemblie, the king's advocat, Mr Patrik Galloway,
Mr Johne Hall, Mr Peter Hewat, Mr David Lindsey, Richard
Thomsone excepted. Other Synods likewise rejected, or referred
their answeres to the Generall Assemblie. The king and commis-
sioners of the Generall Assemblie thought it a fitt tyme, when the
ministers wairded in Blacknesse were convicted of treasoun, to try
1606. OF THE KIRK OP SCOTLAND. 397
the patience and constancle of the rest of the ministrle, but found
them not so farre yitt dejected, as to yeeld to suche corruptiouns.
A PROCLAMATION.
Upon the fyfteenth of Februar was published, by sound of
trumpet at the Croce of Edinburgh, this charge following : —
" Forasmuche as our soverane lord, and three estats of Parlia-
ment, which conveened in Edinburgh in the moneth of May, 1584
yeeres, considering the great harme and inconveniences which fell
out within this kingdome, through the wicked and licentious privat
and publict speeches, and untrue calumneis uttered by diverse un-
naturall and unduetifull subjects, to the disdaine, reproache, and
contempt of his Majestic, his counsell, and proceedings, stirring up
thereby his Majestie's subjects to mislyking and unquietnesse, and
to cast off their duetifull obedience to his Majestic : Therefore,
his Majestie and his said estats of Parliament statuted and
ordeanned, that none of his Hienesse' subjects of whatsomever
functioun, degree, or qualitie, sould presume or take upon hand,
privatlie or publictlie, in sermouns, declaratiouns, or particular
conferences, to utter anie false or slanderous speeches, to the dis-
daine, reproache, or contempt of his Majestie, his counsell, or
proceedings, or to meddle in the effaires of his Hienesse, or his
estat present or to come, under the paine of death. Certefeing
them, that if they sail be tryed to be controveeners therof, or
who sould heare suche slanderous speeches, and not reveale the
same, that the said paine sould be executed upon them without
favour, as in the said act of Parliament in lenth is conteaned.
In the which Parliament also, by another act, our soverane
lord's power and authoritie above all estats of this kingdome,
both spiritual! and temporall, was established; and, therefore,
it was ordeaned, that no person of whatsomever functioun or
degree, spirituall or temporall, sould declyne his Majestie's judge-
ment in anie maters of seditioun or treasoun, or other civill or
criminall caus, or in anie contumelious or treasonable speeches
398 calderwood's historie 1606.
uttered by them in pulpits or otherwise, under the paine of trea-
soun, as in the said other act at lenth is conteaned. And farther,
at the Parliament holdin at Liulithquo in the moneth of December,
1585 yeeres, it was statuted and ordeanned by his Majestic and
three estats, that all his Majestie's subjects sould conteane them-
selves in quietnesse and duetiftill obedience to his Hienesse and his
authoritie, and no wise presume or take upon hand publictlie to
declame, or privatlie to write, anie purpose of reproache or slander
of his Majestie's persoun, estat, or governement, or to deprave his
Majestie's lawes or acts of Parliament, or misconstrue his Majestie's
proceedings, whereby anie mislyking may be moved betuixt his
Hienesse, his nobilitie, and good subjects, under the paine of
death, as in the act of Parliament at lenth is conteanned. Lyke
as also in the Generall Assemblie of the Kirk, holdin at Perth, in
the moneth of Marche, 1596, at the same instant there was averie
solemne and frequent conventioun of the nobilitie, counsell, and
estats of the realme, it was ordeanned and agreed unto, that no
minister sould reprove his Majestie's lawes, while first by the advice
of his Presbyterie, Synodall Assemblie, sould compleane and seeke
remed of the same from his Majestic, and report his Majestie's
answere, before anie farther proceeding, as in an act of the Assem-
blie, which was ratified and approved by his Majestic and estats
conveened at the tyme foresaid, at lenth is conteaned.
" Notwithstanding wherof, it is of truthe, that some restlesse and
unquiett spirits, als weill of the ministrie as of others, abusing his
Majestie's bygane lenitie and favour, and presuming of impunitie,
by the bypast prooflPe and exemples of his Majestie's proceeding
and dealino- with them, wherin his Highnesse has verie tenderlie
and carefullie sought the peace of the kirk, and reteaning the
preachers therof in that modestie which apperteanes to their pro-
fessioun and calling, ceasse not publictlie, in their sermouns and
their privat conferences, to impugne and misconstrue the proceed-
ino-s of his Majestie's counsell, in the late processe which was used
against a little handfull of the ministrie, who contemptuouslie made
the fashioun of a Generall Assemblie, and keeped a pretended con-
1606. OF THE KIRK OP SCOTLAND. 399
venticle at Aberdeene, in the moneth of Julie last ; and wilfullie
and maliciouslie not onlie mainteaned the same sensyne as a law-
full Assemblie, (albeit for manie good causes it be declared unlaw-
ful!,) but likewise, most treasonablie and seditiouslie declynned the
judgement of his Majestie's counsell in that mater, and thereby
deny his Hienesse's royall power and prerogative ; wherof they are
convicted and found guiltie by a verie famous inqueist of a number
of honourable barons and gentlemen of good ranke and credit ;
whereby these restlesse and unquiett spirits, profaning the chaire
of veritie with seditious, slanderous, and uncomelie speeches and
railings against the proceedings of his Majestie's counsell, as said
is, in contempt and breake of his Majestie's lawes, and of the acts
and ordinances of the kirk, doe what in them lyeth to corrupt the
heai'ts of his Majestie's good subjects, and to alienat and withdraw
them from their due obedience to his Majestic and his counsell ;
a mater verie unseemlie in persons of that professioun and calling,
and careing with it a verie infamous scandall to the kirk. But
seing mercie and clemencie has ever accompanied his Majestie's
governement, being extended to unthankefull and bussie-bodeis,
produces nothing but contempt above contempt, and the more that
his Majestic and counsell deales in peace with this sort of people,
they are the more an-ogant ; and, lastlie, neglecting their studie
and privat contemplatiouns, and spending the tyme appointed for
preaching and instructioun of their flocke with ydle talke, and
impertinent discourses, and medling with mater of estate, wherof
there is no toleratioun within no other reformed kirk in Europ ;
his Majestie and counsell, therefore, has resolved no longer to spaire
this avowed proud contempt of his Majestic and his lawes, but to
putt the said lawes to executioun with all rigour against the contra-
veeners therof : And for this effect, ordeans letters to be directed,
to command, charge, and inhibit all and sindrie persouns his Majes-
tie's subjects of whatsomever degree and qualitie or conditioun
soever they be, that none of them presume, or take upon hand
privatlie or publictlie, in sermouns, declamatiouns, or privie con-
ferences, to utter anie slanderous speeches against the proceedings
400 calderwood's histoeie 1606.
of his Majestle's counsel!, and justice in trying and punishing of
the said maters ; and in no wise meddle in that mater, nor in no
others, the efFaires and proceedings of his Hienesse, his counsell,
and estate bygane, present or to come, under the paine of death.
Certefeing them that doe in the contrare, that the said paine of
death sail be executed upon them without favour.
" Certefeing also all and sindrle persouns who sail happin to be
present, and heare the said slanderous, seditious, and uncomelie
speeches, and sail not reveele the same, that the said paine sail be
likewise executed upon them ; and siclyke, to command all and
sindrie shireffs, stewards, bailliffes of regaliteis, proveist, bailUfFes,
and counsell within burghes, noblemen, barons, and gentlemen of
power to landwart, and ilk one of them, conjunctlie and severallie,
who sail be present, auditors and hearers of anie suche false, slan-
derous, seditious, and treasonable speeches uttered in pulpits, pub-
lict sermouns, or otherwise, in reproache, contempt, or disdain e of
his Majestie's parents or progenitours, his Hienesse' counsell or
proceedings, or meddle with the effaires of his Hienesse' estat
bygane, present, or to come, to stoppe and interrupt the sayers and
utterers therof, to take, apprehend, and putt them in sure firmance,
whill his Majestic and counsell be advertised, that order may be
tane with them as accords : Certefeing all and sindrie persons who
sail heare the said slanderous and seditious speeches, and sail not
apprehend the utterers therof, (if it ly in their power,) and failing
therof, to reveele the same to his Majestie's counsell, that the
hearer and not apprehender, if it be in his power, concealer and
not reveeler, of the said leasing-makers, and authors of the said
slanders and seditious speeches, sail be punished in the same degree
and measure as the principall offenders, conforme to his Majestie's
lawes and acts of parliament made theranent. And further, to
command and charge the said shireffs, Stewarts, bailUffes of regali-
teis, proveist, bailliffes, and counsell within burghes, noblemen,
barons, and gentlemen of power to landwart, and ilk one of them
respective, to putt the said acts of parliament, and this present
proclamatloun anent the stepping and interrupting, taking and
1606. OF THE KIRK OF SCOTLAND. 401
apprehending of the utterers of the said false, slanderous, seditious,
and treasonable speeches, to due executioun in all points, within
fourtie-eight houres nixt after the charge, under the paine of rebel-
lioun. And if they failyie, to denounce them," &c.
The proclamer of this, before he came to the midds therof, settled
doun spiritlesse, so that they behoved to enter another in his
roome ; the people marking it, and crying out with detestatioun.
The prisoners were in the meane tyme full of joy and confort,
as the letter following testifieth : —
A LETTER FROM THE IMPRISOLTS'ED TO THEIR BRETHREIN.
" Reverend and deerelie beloved Brethrein. — We have
beene so fuUie conforted by your consolatioun, and the confort ot
your love, that we know not what a thanksgiving to rander to God.
Surelie our joy has greatlie abounded since the last day, so that
we can not sufficientlie wounder at the riches of his free grace,
that sould have vouchesafed suche a gift upon us, as to suffer for
his kingdom, in which there is joy unspeekeable and glorious.
By the which, we are rather in feare, that they be not continued,
and ^'so w e robbed of farther consolatioun, in suffering for Christ
and his truthe, nor that they sould encreasse ; desiring some tymes
to finishe our testimonie, by giving the last of our blood unto the
same : for these aJ03ictiouns are so farre from discouraging, that the
abundant consolation therof has encouraged us exceedinglie, desir-
ing now to be conformable to the death of our Lord, that we may
be partakers of the glorie to be reveeled. God be thanked in
Christ Jesus for all his unspeekeable gifts. Surelie there is great
consolatioun in suffering for Christ. And this truthe wherefore
we suffer now is sealed to us with manie scales. Onlie we would
have the helpe of the prayers of all the sancts, that we faint not in
the defence of his Gospell, but that the Lord would assist us in
the game. It is the truthe, brethrein in Christ, we dow^ not expresse
unto you the joy which the Lord has caused to abound in us,
J Can.
VOL. VI. 2 C
402 calderwood's histoeie 1G06.
"wherof, under him, your love and fidelitie, and throughnesse for
Christ and his caus, has beene a great instrument. Lett never a
man, for love and pitie to the person, misregard the caus, for we
have found our love growing to you by your counsell. Surelie it
is our resolutioun, never to blott the Lord's caus that way ; and
als long as our God sail susteane us, we minde rather to endure the
greatest extremitie that flesh and blood can use, than to accept,
lett bee to crave, a remissioun. It is Christ's caus and truthe, and
therefore lett men ceasse to thinke of these things ; yea, that which
they doe, lett them doe it quicklie. We hope our God sail
etrenthen us to the end. Surelie we are not solicite nor carefull
in the mater. We know our God can deliver us if he will ; and
if not, he strenthening us, we sail never give the meanest appear-
ance of denyall of that truthe for which we suffer. So, assure his
Lordship, that as we looke for that kingdom and glorie, our pur-
pose is, not to yeeld at aU to that, or anie other thing that may
prejudge that caus, in so farre as God sail give us wisdom to per-
ceave, and strenth to resist. The God of all consolatioun be with
you for ever.
" Yee know who."
This letter was writtin, when the Erie of Dumbar had sent to
them one with credit, to assure them he would deale for their par-
doun, in cace they would yitt confesse a fault. But they remained
still constant.
In the moneth of Marche, there was a letter sent from the
ministers of the Frenche and Dutche churches at Londoun, to the
ministers of Edinburgh, purchassed partlie by feare, and partlie by
sinistrous informatioun of some courteours and court ministers, to
the great greefe of the prisouned in Blackenesse. Their letter, and
the answere of the prisoners, both in Latine, I omitt, becaus they
conteane no new mater, but the calumneis and misreports alreadie
made and answered. Upon occasioun of the foresaid misreports,
the prisoners of Blacknesse wrote this letter following to their
brethrein at home : —
" The confort that is brought to us by the fervent zeale to the
160G. OF THE KIRK OF SCOTLAND. 403
glorie of God, the brotherlle compassioun of our sufferings, the
earnest care and studie to have the truthe of God, his sacred
niinistrie, and our persons preserved both from disgrace and danger
in these, (our reverend and deerelie beloved brethrein in the Lord,)
is almost swallowed up in our greefe and anguish of heart, arising
upon the small regarde which now we cleerelie find some men
have to caus the blessed name of God and his saving truthe to be
evill spokin of, by making no conscience to suppresse the truthe of
our caus ; and by malicious calumneis impose upon us suche odious
crimes and haynous offences, as, the Lord is our witnesse, we ever
abhorred, and doe from our hearts detest and condemne, and of
the which we are perswaded that the verie conscience of our
traducers does in the sight of God absolve us, in whose presence
their lippes likewise one day sail be compelled to justifie us.
" But leaving them, and appealing you, our brethrein, as the
witnesses of our innocencie before both God and man, we exhort
you, and by the great name of our God, and by the appearing of
our Lord to judge the quicke and the dead, we adjure you, if there
be anie consolatioun in Christ, if anie confort of love, if anie fellow-
ship of the Spirit, if anie compassioun and mercie, that yee will
refreshe our bowells, and confort our hearts with that testimonie
wherunto yee are now called of God ; being so invited by this our
brethrein's letter, whose tender love to Christ and his sancts sould
proportionablie provoke you, according as the caus more neerelie
tuiches you, and as yee are joynned in a more strait fellowship of
the Gospell with us, so to manifest your care in mainteaning the
truthe, and vindicating both it, our ministrie, persons, proceedings,
and sufferings, from the danger and disgrace of all suche unjust
reproaches, and from all prejudices which thereby are entered
alreadie, and may heerafter be fostered in the hearts of these, and
suche like sincere and godlie brethrein, as yee would free your
selves from the guiltinesse of these blasphemeis which sail be
uttered against the truthe of God, through your silence, and as
yee would deliver your selves from the groans of our boundage,
and from the cryes of our blood.
404 calderwood's histoeie 1G06.
" There is nothing ather of our doings, the caus of our doings,
or defence of our doings, left by these informers of his Majestie,
and these our brethrein, untuiched with some note of infamie.
And feare in us, and that of our prince, unjustlie conceaved and
unduetifuUie, is brought for the caus. Our proceedings are noted
■with rebellioun and contempt of his Majestie's charges. Our
defence before the counsell is interpreted, a shaiking oiF all civill
and kinglie jurisdictioun. The reasoun of our defence and declina-
tour is expouned an absolute deny all of all power to his Majestie
of medling with the judgement of anie conventioun of pastors.
We can not blame these charitable and zealous brethrein to be
offended at suche reports. But lett the Lord judge betuixt us and
these who have givin this informatioun, and lett you testifie of us
if they have spokin truthe of us or not. Doubtlesse nothing
cometh from thence concerning us, which first goeth not from
hence to them. When, therefore, the wrong that we susteane at
home sail be cleered, the offences that are conceaved abroad sail
be remedied.
" If charltie be not suspicious, what charity is it, to searche hid
and strange causes of an accustomed and ordinarie actioun, in the
which, to all single and loving hearts, the verie custome and ordi-
narie use is warrant sufficient against all suspicioun of new pre-
tences? Our meetings in Generall Assembleis, by commissioun
from presbytereis, is no new thing. We made no choice of tyme
nor place to our selves, but keeped both, as they were appointed
before for that same purpose ; the warrant wherof we have, and
yee also, subscribed by his Majestie's commissoner, and Mr Patrik
Galloway being moderator, and Richard Thomsone being scribe to
the commissioners. But lett it be, there were other causes ; was
there none but feare ? May not manifold inconveniences, following
from the long delay, more nor manifest to all men, (albeit little
regarded of us who are the watchemen,) have beene motive eneugh
to have performed an ordinarie duetie to the kirk of God in perrell,
when iniquitie did everie where abound, idolatrie did daylie
increasse by the practise and bussinesse of Jesiiits and Seminarie
liJ06. OF THE KIRK OF SCOTLAND. 405
preests, that were entered the kingdom, and securelie did travell
and traffique within the same ? Other inferiour judicatours of the
kirk were securelie contemned by the cheefest malefactors, who
did elude them, and escape their censures, by appelatiouns to a
Generall Assemblie, which they never expected ; and fearefull and
lamentable schismes daylie growing, to the utter renting of the
bodie, as the miserable effects in diverse parts of the kingdom doe
evidentlie witnesse. Which evills doe not onlie increasse and goe
on, but daylie produce brood like to their owne kinde. Notthe-
lesse, we grant there was feare, and that not without caus, and
rashlie conceaved, albeit not so muche of his Majestic as of our
owne bowells. Was it tyme, then, to the servants of Christ to
have lyen in a carelesse securitie, when an opin and manifest irrup-
tioun was made upon the inheritance of God, by some, under pre-
tence of a limited commissioun from our General! Assemblie, who
did invest and possesse themselves with the full jurisdictioun and
authoritie of the kirk in all things, and daylie did promove their
intended change of the estat of our discipline, in bringing us againe
under the boundage of that spirituall tyrannic, first of a perpetuall
dictatura under the foresaid name of commissioners, as the fynnest
cover for their future intentioun; and nixt, of the antichristian
slaverie of the Romish hierarchic of others, under the title and
stile of Lordships, notwithstanding, by promise, oath, and sub-
scriptioun, in a solemne printed Confessioun of Faith, called the
King's Confessioun, universallie and by publict authoritie embraced,
it had beene abjured by all estats, under no lesse paine nor eternall
damnatioun both of bodie and soule, in the day of God's fearefull
judgement? Which confessioun, for the notable estimatioun therof,
is translated in diverse languages, and published in Latine by Mer-
curius Gallobelgicus. These persons, to passe by their owne and
other men's discovereis of the foresaid purposes, the presentatioun
of the foresaid bishops to their bishopricks, with full authoritie
over their brethrein, and other cleere evidences of their foresaid
intentioun, they have now, by opin professioun in publict sute to
all synods, justified our just feare, in making it now manifest to all
406 calderwood's historie 1606.
men that the perpetuall dictatura of the one, and lordlie domina-
tioun of the other, is the cheefest mysterie that stayes our Assem-
blie, which, they feare, must needs goe doun if it held ; and like-
wise, is the verie cans which makes them with suche hatefull
inimitie to persist against us for our meeting, finding thereby their
almost accomplished interprise somewhat impeded.
" We passe the intending to controll synods, in staying them by
their ordinance, from proceeding in their lawfull censures against
opin transgi'essers, and their rescinding of the doings of presby-
tereis at their pleasure, and removing of the most faithfull pastors
from their flockes, becaus they did not please their humours. We
speeke nothing of the publict stay made by the counsell's autho-
ritie to the inferiour synods, in censuring publict offences, which
all were more nor just causes of feare, and reasounings more nor
sufficient, to have made all men more vigilant and fordward in that
commoun duetie, which onlie was able to remeed and putt stay to
the course of all these imminent evills. Sinistrous suspicioun of
all men, lett be of our gracious soverane, we deteast; but feare
and provident watchefulnesse over the whole hous of God, and
everie member therof, we beleeve no wise to be damned, it being
a thing so familiar in the apostles themselves, speciallie Paul
toward the Corinthians, Galatians, and Thessalonians, and Job
also feared his childrein. So weill does this feare agree with natu-
rall love, that where this feare is not in a pastor, there cannot be
great fidelitie ; for what sail caus watchefulnesse in foreseing, and
carefulnesse in preventing all dangers, but feare ? Yitt the meanes
were not used to remeed this feare. We hope it is knowne to
5^ou all, brethrein, how that sevin severall tymes at least, supplica-
tioun was made for preventing the day appointed. In respect of
the foresaids, and others diverse inconveniences, by imploying
these foresaids persons at his Majestie's hands, (with what fidelitie
on their part, we leave it to God ;) but none wanted an answere,
all tending to delay, yitt so as we were putt in full assurance, that
if it were not prevented, yitt at the day appointed the Assemblie
sould hold without faile. It is likewise knowne, that at our ear-
1606. OF THE KIRK OF SCOTLAND. 407
nest desire, the foresaid brethrein being conveened at Perth by the
Laird of Lauristoun, manie commissioners from diverse provinces
being there assembled, did instantlie require a conference of them,
for the peaceable settling, by mutuall advice, of all occasiouns of
schismes or trouble in the kirk ; which was constantlie refused by
them, so that nothing could be efFectuall for preventing the dangers
and establishing of a perfyte unitie.
*' The alledged contempt of his Majestie's command is so mani-
fest a calumnie, that we mervell (and we hope so doe yee also)
that the authors therof are not ashamed still to persist in so knowne
an untruthe. The commissioner's letter, sent to the presbytereis,
was not scene of some of us ; and albeit all had scene it, as some
did, sail it be accompted contempt of his Hienesse' command, in us
who went not of our owne head, but at the speciall directioun and
command of our presbytereis, in whom for sending us, and not in
us who are holdin to obey them, that contempt is, if anie be to be
found, seing to them, and not to us in particular, these letters were
directed ; and albeit our presbytereis doe professe and avow the
sending of us, yitt must we, as the weakest, and not they, be
accused, and suflPer for their fact ? Although this were not, yitt
who among you all knowes not, that no presbyterie is to be blamed
nor burthenned with contempt of his Hienesse's command, for dis-
obedience to that letter ? Was not all power of prorogating, for
altering tyme or place of Assemblie, utterlie taikin from them by
an act of the Generall Assemblie, holdin last at Halyrudhous,
1602, made in his Majestie's owne presence, and with his consent,
for remeeding of the greefe givin in to the Assemblie, against suche
dslayes and alteratiouns made by the said commissioners before,
without advice of synods and presbytereis ? And does not that
same ordinance prescribe, that the dyetts of the Assemblie be ap-
pointed and keeped preciselie, according to the act of Parliament
1592 ? Is not this a more authentick significatioun of his Majestie's
will, nor aught that is contrare heereto, could proceed from the
naiked professioun and directioun of their letter, who by vertue of
the said act sould have ceassed from all suche doing ?
408 caldeewood's histopje 1606.
" Beside, yee know how farre that letter of theu's was repugnant
to the foresaid ordinance of the Assemblie, act of Parliament, con-
tinuall custome and practise of the kirk, which all require a definit
prorogatioun to a certane day and place ; whereas, it was an inde-
finit designing nather of tyme nor place, which did give just mater
to the presbytereis, considering the authors and their practises to
conceave so of it, as now experience has taught to be true. We
speake nothing of that other policie used therin, for causing the
presbytereis to mistake the day, in pointing out the fyft of Julie
for the secund, which was the occasioun that the most part of the
presbytereis did direct their commissioners unto the fyft day, and so
made our Assemblie upon the secund day, designed by the same men
before in their first letter, to be so rare. Lett all suche simple hearts
judge, after they had stayed the Assemblie for the space almost
of three yeeres before, if this last indefinite prorogatioun in forme,
as said is, comming from suche persons, to suche presbytereis as
receaved it not above twelve dayes at the most before the dyet of
the Assemblie, in a tyme so necessarilie requiring a meeting, did it
not minister just mater of feare to all faithfull pastors, in whose
hearts there remaineth anie spunke of zeale, or smallest measure of
loving care and watchefull attentioun to the peace and prosperitie
of the kirk of God ?
*' The other alledged intimatioun of his Majestie's command in
the place of our meeting, if it be raeaned of the pretended publict
charge, we require you, in the name of God, to witnesse that which
yee know heerof. The charge which we receaved personallie we
obeyed, and have famous testimonie under the subscriptioun of
three notars, the commoun clerk of the toun of Aberdeene being
one of them. But becaus this charge could nather brine: us in
contempt, nor call our proceeding in questioun, as being givin after
we had done all that was done at that tyme, therefore was there
another charge fained, as givin publictlie at the Croce of Aber-
deene, the day preceeding our Assemblie, and givin in, as executed,
to the counsell, against us by the Laird of Lawrestoun. Which
charge, by oft and diverse supplicatiouns givin in to the counsell,
1606. OF THE KIRK OF SCOTLAND. 409
we have offered to reduce and Improve ; but never could be heard
nor admitted, their owne consciences perswading them of the for-
gerle therof, the verie pretended executioun and indorsatioun it
self sufficlentlie testifying the same ; it being an opin proclamatioun,
warranted by two witnesses, Lawrestoun his owne domesticks
allanerlie. Whereas it is of truthe, that diverse honest men were
at that tyme in, and about the publict mercat place ; and yitt, no
man is found to beare witnesse therof, that ever heard it, except
these two before specified allanerlie. And if it had beene, why
did not Lawrestoun conveenning with us, and sitting with us, make
intimatioun to us ? Why to the contrare, did he affirme, in deliver-
ing the counsell's missive, that albeit he might have had charges,
yitt would he not use them ? Why did he agree to meete with us ?
Why did he present to us as lawfullie conveenned, the counsell's
letters ? Why did he require an answere of us thereto ? Why
after the answere, did he cans charge us again with these same
letters personallie, without ather mentioun or intimatioun of anie
former charge ?
" But if the intimatioun be meanned of the counsell's missive, It
was obeyed in all things, except onlie In the indictioun of a new
day, which, for preservatioun of the priviledge of the kirk, could
not be omitted. And no thing more did we, of purpose to satisfie
his Majestic and the counsell's desire ; and yitt we are disobe-
dient ! If the questioun be onlie of prorogatioun, why are they not
satisfied, seing we did grant it ? If they be not satisfied, why is
yitt not yeelding to prorogatioun at his Majestie's desire, still
alledged to be our offence ; or why doe not our brethrein rather
confesse the truthe, seing, if they aimed onlie at the prolonging,
and not at a simple deserting of the dyet of our Assembleis, they
had their desire ? Yitt the requeist of the letter was not obeyed.
We leave it to be judged of all men, what contempt of his Majes-
tie's authoritie this can be, to refuse the privat requeist of his
Majestie's counsell, being contrare to his publict law, and also his
will opinlie signified in our Assembleis, and enacted in the bookes
therof, with his Majestie's owne consent, as is before said, and con-
410 calderwood's historie 1606.
trare to the order and perpetuall custome of the kirk, conforme to
the law conteaned in the Booke of Discipline, established in this
land, at his Majestie's owne sute, publictlie made to the Generall
Assemblie therof, holdin at Glasgow, 1581, in Aprile, cap. 7, ' Of
Elders and their Offices,' Article 3 et 4, bearing, that all the eccle-
siasticall Assembleis have power to conveene together, for creating
of things concerning the kirk perteaning to their charges : they
have power to appoint tymes and places to that effect, and ane
Assemblie to appoint the dyet, tyme, and j^lace for another. Like-
wise we leave it to be considered, what warrant the said requeist
could be to us, to save us from just rebooke and punishment before
our ordinarie judge, if therupon we sould have neglected so neces-
sarie a duetie, commanded by the lawes ; especiallie seing first we
had offered it absolutelie in the hands of his Majestie's commis-
sioner, farther than atlier law or practise in his Majestie's owne
presence did require, to defyne the tyme and place, long or short,
as he pleased, and yitt was refused by him ? Nather yitt did we
our selves make the said indictioun, till after reasoning, he had
beene made to confesse, that we had reasoun to sticke on that
point, albeit he could not consent thereto himselfj as having no
commissioun to that effect ; and till that plainlie he had signified
unto us, that it was thought we sould never have a Generall
Assemblie heerafter?
" Again, as concerning our clerk, yee are not ignorant, that the
Assemblie has alwayes had power, according to the continuall
practise, both to creat and deprive their owne members. Yitt we
did neither. Onlie, at the desire of the ordinarie clerk, we did
dispense with his presence at that tyme, and caused one of their
number to supplee his place, according to the custome observed at
diverse tymes in the said Generall Assembleis before, and ordi-
narilie used in other inferiour synods.
" But what sail we say, or what rather sail we not say, against
that impudent calumnie, wherin these reverend fathers are informed
of us, anent the casting off of all civill and kinglie jurisdictloun,
by our declinatour, whereby the authors have done what in them
1606. OF THE KIRK OF SCOTLAND. 411
is to involve us in the furious madnesse of the Anabaptists, and
usurped tyrannic of the Papists, whose execrable follie, the Lord
knowes, Ave utterlle detest. Lett the Lord looke from the heavens,
and consider this tiling ; and lett him prepare his throne for judge-
ment, to judge our cans in equitie with these men. Did we ever
declyne his Majestie's royall authoritie ; or did we ever declyne the
counsell, in anie thing wherof they are appointed judges over anie
other subjects ? Does not our supplicatioun givin to the counsell
before our declinatour, expresslie beare, a humble submissioun of
our selves to them in all things civill, referring onlie the dueteis
and oversights (if anie sould be found) of our spirituall calling,
to the ordinar spirituall judgement seates of the kirk? Doe not
our answeres givin in after our declinatour, by way of declaratioun,
sufficientlie Avitnesse our innocencie in that point ? And did we
not, to the full satisfactioun of all Christian hearts, interprete the
same before the justice, removing all scruple which might arise by
reason of the word ' simpliciter ? ' Which interpretatioun standeth
in the said justice bookes, for a testimonie to all ages, of the will-
full malice and malicious transgressioun of our traducers in that
point.
" These things are not hid from you. Diverse of your selves
were ey and care witnesses of them. Sail not then your mouths be
opened, to beare witnesse to so knowne a truthe ? But sail we,
your afflicted brethrein, be left by you under this burthein so un-
justlie imposed upon us ? And sail yee suffer, by your silence, in
the hearts of suche brethrein, the opinioun of so abominable an
heresie in our persons ? Yee see, brethrein, how all our doings are
wrested to the worst sense ; and whatsoever may cleere our inno-
cencie is wilfullie suppressed. Therefore,' if you can have the
extract of our foresaid interpretatioun, with the rest of the processe
deduced against us, with our answeres according to the truthe
authenticklie, we hope, that so farre sail we be from being ashamed,
and others our loving brethrein from being aifrayed, of that con-
victioun of us, in the alleged crime of lese-majestie. In that caus,
the verie productioun of their owne processe, by the informatioun
412 calderwood's historie 1G06.
which it sail minister to all indifferent mindes, sail serve to purge
both us and our ministrie, from all blott and infamie of so vile a
crime and odious, and to manifest the iniquitie of that sentence
pronounced against us. We sail need to speeke nothing to that
act of Parliament, which is the ground of that processe ; nor of
the desolatioun both of kirk and commoun weale at that tyme, the
yeere of God 1584, when it was made the principall stoupes of
both, being forced to forsake the land, and to take refuge, where
these our brethrein did then, and presentlie doe injoy theirs.
Nather sail we need to speeke of the wrathe of God visiblie mani-
fested upon him who did caus make that act, nor of the end
wherefore it was made, the same course of episcopall tyrannic
being then in hands, as it is now ; nor of his Majestie's gratious
reformatioun of that act, and sindrie others after made, in the
restoring again both of kirk and commoun weale, as the first act
of parliament, 12, 1592.
" We sail not need to affirme, that the said act was never yitt
practised upon anie ; although to witnesse that this our deid to
declyne the counsell is not a new nor unaccustomed thing, a
declinatour was used of their judgement of before, subscribed by
the hands of these same men of the ministrie, who are now most
against us, and moe nor other three hundred pastors, which is yitt
extant. And also, it is, and has beene, an ordinarie custome in
civill and criminall maters, even of civill persouns, to declyne the
counsell, and take them to the judgement of the Lords of the
Sessioun, and to the Justice, upon the different qualitie of the civill
fact. We sail not need to speeke nothing of the motive used to
perswade the persons on the assise to convict us, as though that
no harme had beene meanned, ather to our persons, conditiouns, or
goods ; but that so muche behoved to be done, for preparing the
way to our peace. We may likewise passe in silence, the inter-
commouning with the assise after that they were enclosed, and the
benefite which thereby, as we justlie doe clame, so we hope
his Majestic sail, in equitie, caus us to injoy, according to his owne
law in Pari. I., Act 91, 1587 yeere. We may also ceasse tospeake
1606. OF THE KIRK OF SCOTLAJsD. 413
of the wrong which in that judgement we susteanned, in that our
partie was also our judge. The verie sight of that registred pro-
cesse sould be sufficient to all who would judge of us and our pro-
ceedings according thereto, to free us of all guiltenesse of transgress-
ing the precept of the apostle, tuiching subjectioun to superiour
powers. Nather would we refuse, if thereby we sould be found,
mainteaners of suche detestable opiniouns as doe the Anabaptists,
or despisers of governement with the Papists, to be forsaikin of
all the faithfull ; thrust out of their societie, as suche whose inor-
dinat walking doeth merit that they withdraw themselves from us,
and leave us expouned, as a prey, to the just deserved punishment
of suche iniquitie.
"If, therefore, yee can by anie meanes have the extract of the said
processe, to impart it to our brethrein for their informatioun, it
suffices ; if not, as we can easilie beleeve, then let your owne testi-
monie be givin, according to the truthe of this mater. If anie
errour be in our judgement, tuiching the qualitie of the fact wherof
w^e are accused, we have beene, and yitt are all readie, even as in
all other things, so in that also, when it shall be shewed us, to
amend. But what we have yitt affirmed, the bygane practise of
our kirk in his Majestie's owne presence does ratifie. The lawful-
nesse of the Generall Assemblie, anno 1596, being greatlie contro-
verted, notwithstanding that his Majestic had beene present thereat
himself, his Majestic was so farre from claming the judgement of
the lawfulnesse therof to himself, or to his counsell, that at the
nixt Generall Assemblie holdin at Dundie, 1597, he did require
the questioun to be decided there, as properlie perteaning to that
judicatour, according as the register of our Assembleis beares.
Yitt are we so farre from denying his Majestie's interesse in all
ordinar practises, even of pastors, that by the contrare, we acknow-
ledge, that not onlie in their meetings, but in the whole worship,
his Majestie's power, as the nourishing father of the kirk, sould be
imployed for the maintenance of puritie of doctrine and discipline,
according to the order prescribed in the Word of Jesus Christ, the
onlie Lord, Head, and King of hia Kirk, the onlie Lawgiver in
414 calderwood's historie 1606.
religioun, and spirituall governement of his hous ; and that, not
onlie in causing repaire whatsoever is decayed in the true worship
of God, and order of his hous, but also, in repressing all contrare
worship and order, and in punishing all contemners and negligent,
in whatsomever the Lord has commanded, being vindex utriusque
tabulce. So, with our brethrein, we approve the prince's right, in
causing the pastors and spirituall office-bearers in God's hous
observe and conforrae their assembleis and meetings, to the ancient
institutioun of Christ and his apostles in the Word. Yitt farther,
in this cans of ours, we never ather refused or declyned his Majes-
tie's judgement in our GeneraU Assemblie, according to the order
hitherto observed in this kirk by his INIajestie's self, during his
presence with us ; confessing in the sight of God, that there is
nothing which may, or ought to be granted to anie Christian
magistrate, that sould be denied to his Majestic. We never refuse,
but that his Majestic might, and may appoint tyme and place of
ecclesiasticall synods, as that the kirk may prorogat the dyet, is
sometimes at his Majestie's desire.
" But this indeid we denie, that the authoritie of these spirituall
meetings, and power to appoint tyraes and places for them, doeth
flow from anie humane permissioun or appointment, as though
Christ, who onlie and alone has receaved all power from the Father
both in heaven and earth, had givin no priviledge nor power to his
kirk in these things ; but that the spirituall meetings and assembleis
of the spirituall office-bearers, in the name of Jesus, sould be
acknowledged not to be from heaven, but from men ; and so, not
the immediat ordinance of God, but naiked avdgwrimi xrisug ; albeit
in the foresaid Booke of Discipline, cap. 1, art. 10, it is expresslie
sett doun, that this power ecclesiasticall flowes immediatUe from
God, and the Mediator, Jesus Christ, and is spirituall, not having
anie temporall Head on the earth, but onlie Christ, the spu'ituall
King and Governor of his kirk ; the kirk's power both in assembling
and appointing tymes and places to that eifect in this kingdome,
the articles of the Booke of Discipline mentiouned before, the act
of Parliament, the continuall custome and practise of the kirk,
1606. OF THE KIRK OF SCOTLAND. 415
beside the evident warrant of the* Word of God, more than suffi
cientlie declairs to all men.
" As for abrogatioun of the Assembleis of the kirk, our brethrein
themselves, in their letters, doe not onlie denie all power therof to
the magistrat, but will have it esteemed an high offence to anie to
suspect our soverane, so renownned for wisdomc, learning, and
pietie, sould have anie suche purpose or intentioun as to abolishe
our Generall Assembleis, being so necessarie a bulwarke of the
kirk. Would to God, this grave testimonie of these so reverend
fathers, might perswade some our brethrein among ourselves, to
esteeme more of that benefite in such pryce with them that have
it not, and that heereby they could be moved to acknowledge the
wrong done to the kirk, in their bygane practises against it ; Avhich
some of them have not beene ashamed to affirme, nather to be
necessar to the kirk of God, nor warranted in his Word. In the
which, whatsoever is commanded and prescribed tuiching the
order in the hous of God, we esteeme it not lawfull to anie crea-
ture in heaven or earth to alter, impede, or abrogat, seing a curse
is pronounced against him, whosoever he be, that ather addes or
paires from that writtin testament and gospell of truthe, wherof
the discipline of his hous is a part, howsoever men of corrupt
mindes would have it esteemed a mater indifferent, and the pro-
fane Machiavells and godlesse flatterers of this age would perswade
princes that they cannot be kings, except the kirk of God in suche
maters be subject to their directioun and pleasure. We doe
indeid, in all humilitie, acknowledge ourselves, and everie one of
us, as we are a part of the civill bodie of this commoun weale, to
be subject to his Majestie's power and authoritie, tuiching this
present life, without exceptioun ; confessing him our undoubted,
lawfull, and onlie Head in, and under God, and from God. But
as we are members of the spirituall bodie of Jesus Christ, our
Saviour, his Majestic himself, as ever hitherto, so yitt will never
acknowledge another Head but Jesus Christ himself alone ; and
that the spirituall office-bearers, to whom the governement of the
hous of God is committed by Christ, as these to whom alone he
416 calderwood's historib 1606.
has givin the keyes of the kingdome of heaven, In the discharge
of their spiritual! functioun, are no farther, nor in anie forme,
subject to his Hienesse' authority, than we have of before
acknowledged.
" So farre ever was his Majestic, in all his proceedings among us,
from anie usurpatioun of power over the inheritance of God, and
kingdome of Christ, In maters spiritual!, that ever during his
Majestle's presence among us, he alwayes did remitt the modera-
tioun and resolutloun of all suche maters, to the spirituall office-
bearers, in their lawful! assembleis. In the which, his Majestic
being present, did never use anie farther priviledge. In the deter-
minatloun and ordering even of the meanest maters, yea, even in
the deslgnatioun of tymes and places of our meetings ; but of his
owne simple vote, acknowledging the decisioun and judgement of
suche things no wise to belong to anie judicatour civil!, and by a
protestatioun made by the kirk, and admitted by his Majestic, In a
conventioun of the estats at Perth, 1596, is cleere and manifest,
the kirk having therin protested, that they did not submitt anie
maters eccleslastick, ather concerning doctrine or discipline, to their
judgement, as the register of that Assemblie beares. And as to
his Majestle's consent, we cannot perceave how anie, for this our
last meeting at Aberdeene, in that respect can justlie blame us,
seing It was an ordinarie Assemblie, and ordinarilie Indicted,
according to the law and custome of this kirk. And it is manifest,
that his Majestic himself has (beside the act of Parliament foresaid,
and act of the General! Assemblie at Halyrudhous) at a preceediiig
Assemblie at Dundie, 1597, May 14. In the expHcatioun of the
article condescended to at Perth, ordeaning, that no conventioun
of pastours be without his Majestle's knowledge and consent, his
Majestic himself declared his consent to be extended to all and
whatsomever forme ather of General! Assembleis, or special!
assembleis, ratified and authorized by his Majestle's lawes, accord-
ing as they have warrant in the Word of God, as being the
most authentick forme of consent that anie king could give.
" This we beleeve Is n anlfest to you all, that In nothing we have
1G06. OF THE KIRK OF SCOTLAND. 417
clone anie liarme to his Majestle's royall authoritle, nor ministratecl
anic just mater of offence to his liienesse, in our proceedings, by-
subtile policicj or forged pretences of unduetifulnesse toward his
Majestic. He is made our partie by these who find their unlaw-
ful! interpriscs somewhat impeded by our lawfuU and orderlie
proceedings, that under the covert of his Hienesse' wrathe, the
more secrcitlie and securelie they may worke out their revenge
upon our persons. These things being considered, we referre the
drift of these our brethrein's letter to be weyghed and pondered
by your judgement, whereby they seeme by inevitable necessitie,
to bring us to confessioun, and so, in effect, to an opin accepta-
tioun by our voluntarie submissioun of the foresaid cryme of lese
majestic upon us, as though the authoritie and dignitic of kinglie
jurisdictioun could no wise be mainteaned, and keeped free of
contempt, without ather executioun of the sentence pronounced,
or purchasse of pardoun by our humble sute at his Majestie's
hands. Is it so, that safetie of commoun wealths, and rights of
civill judgement-seats can not be preserved, except all sentence
pronounced on them be ratified ? Is it not possible, that wicked-
nesse may be in the place of judgement, and iniquitie in the place
of justice? The Lord has said, that justice establisheth the throne.
It must needs be, then, that perverting of judgement is the
cheefest caus of the hurt and decay both of the dignitie, reve-
rence, and authoritie due to princes, and of the floorishing estat of
all commoun wealths. Why then sould not his Majestic, as the
minister of God appointed for justice, exactlie try, and make
narrow inquisitioun of the equitie and iniquitie of that sentence ;
and as he beares the sword, to the terrour not of these that doe
good, but of these that doe evill, so execute his power, by revenge
upon the malefactors, and by protection of the just ?
" But if this benefite of due and exquisite tryell can not be
obteaned, then may his Majestic, by a more compendious way
both preserve and mainteane his governement, from the guilt of
innocent blood of the servants of Christ, and his royall authoritie
from all contempt, in granting us the benefite of his owne law
VOL. VI. 2 D
418 calderwood's histopje 1606.
made in 11 Pari. Jac. VI., Julie 29, 1587, Act 91, ordeaning,
that all assises be enclosed tliem alone ; and no persoun to be
suffered to be with them, nor to repaire to them, under anie
pretence whatsomever ; and that they be not suffered to come
out, for whatsomever cans, tUl, they being agreed, returne their
answere to the judge ; otherwise, or incace anie point of the
said act be transgressed, the partie accused to be holdin and pro-
nounced cleane, and innocent of the crimes and treasouns then
layed to their charge. For it is sufficientlie knowne, nather will
the Justice himself, and remanent judges then present, deny but
that there was resorting of some of them to the assise, and of the
chanceller of the assise to the Justice and lords. If neither can be
obteaned, but that the conclusioun of our brethrein's letter must
take effect, we would beseeke you and them also to informe us,
how ather by a confessioun the inconveniences of their letter can
be eshewed, and not rather promoved; seing no flesh, lett be
flatterers of princes, can justifie a partie confessing himself guiltie,
nor yitt will eshew the violatioun of that Christian precept, which
themselves admitt in this caus, in willing us not to call good evill,
against our hearts ; seing the questioun is not concerning our
infirmiteis, which must accompanie these best actiouns, so long as
we carie about with us the bodie of death. In respect whereof,
might appeare by their reasoning, there could be no actioun of a
pastor, if it please the magistrat to querrell ; na, not the best and
most acceptable to God, and agreeable to the lawes, which sould
not bring the pastor in reverence of the authoritie of civill powers.
" Surelie, we beleeve not, that his Majestic will anie wise desire
his governement, so beautified with the blessing of the gospell, to
be stained with the blood of the sancts ; nather will we expect,
that without farther warrant in conscience, according to justice,
that our wise and godlle soverane will venture so rashlie in maters
of suche weight, upon the weake confidence of anie approbatioun
of his Hienesse' proceedings, which may flow from suche men,
(wherof theres all never be wanting enew,) who, for the pleasure of
princes, and their owne privat gaine, without regarde of God or
1606. OF THE KIRK OF SCOTLAND. 419
good conscience, or the prince's weale, extoll and justifie all his
actiouns. Nather are we feared that our innocencie sail want wit-
nesses. For although there were none among men, yitt sail our
verie blood speeke with Abel's; and the dust of the earth that
receaveth it sail cry to the Lord, and waken him who judgeth
righteouslie to judgement, to make it knowne to this whole
kingdom, that incace our lives be spoiled^ for this actioun, under
the pretence of the shadow of justice, innocent blood doeth ly
upon it.
'' If yee have anie better counsell to give us, according to the
desire of their letter, we are readie in all humilitie to embrace it,
as these who are taught of God, (howsoever otherwise esteemed of
men,) to follow the informatioun of a greater light, whensoever our
consciences sail be sufficientlie instructed in the veritie therof by
the Word of God ; whose Spirit possesse and sanctifie all your
hearts, and direct and governe you in all your wayes, to the fulfilling
of your ministrie in all fidelitie and holie wisdom, to the glorie of
his blessed name, and confort of his afflicted kirk. Amen."
In the moneth of Aprile, the counsell, finding that their pro-
ceedings against the mininsters were evill thought of both within
and without the king's dominiouns, they published in print a
booke, the title and tenor wherof followeth, penned by Sir Thomas
Hammiltoun, the king's advocat.
" A DECLARATION OF THE JUST CAUSES OF HIS MAJESTIE'S PRO-
CEEDINGS AGAINST THESE MINISTERS WHO ARE NOW LYING IN
PRISOUN, ATTAINTED OF HIGH TREASOUN ; SETT OUT BY HIS
MAJESTIE'S COUNSELL OF THE KINGDOM OF SCOTLAND.
" As his Majestie's fatherlie care has ever beene so great toward
his people and loving subjects ; as he has not onlie beene carefuU
to governe them by just and equitable lawes, but likewise, hath
ever had a speciall respect to the true and right informatioun of
their mindes, as tuiching all their publict actiouns and proceed-
ings; so, for this purpose [he] has ever from tyme to tyme, by
420 calderwood's historie 1G06.
publlct declaratloun and proclamatloun, interpreted and explained
to all his loving subjects, his true intentioun, and sinceritie of his
meaning, that thereby his subjects' knowledge of his will, and of
the grounds moving him therunto, being joynned to their dueti-
full and naturall inclinatioun of obedience, a reverent love, together
Avith a feare to offend, might be continuallie encreassed and
nourished in their hearts ; their obedience not proceeding of a
naiked feare, but from a feare mixed and strenthenned with love,
for good reasouns, and founded upon a good conscience, and cleere
knowledge of the trvithe. And as this his Majestie's fatherlie care
has, ever since his majoritie of yeeres, most cleerelie appeared in
all the points of his Hienesse' governement of this kingdom of
Scotland, so now, upon that late occasioun of the rebellious and
traterous misbehaviour of some particular ministers within this
kingdome, his Majestic continuing his former loving custome
toward his subjects, has thought convenient to sett out this present
dcclaratioun, for satisfactioun of his Hienesse' subjects of all rankes,
concerning his Majestie's course and proceedings in this cace.
And becaus he has just reasoun to conceave, that if anie of what-
soever estat or degree of his Majestie's subjects be so unduetifull,
as to have anie scruple of the justice and necessitie of his Hienesse'
proceedings heerin, it doeth onlie proceed of ignorance, or mistaik-
ing the truthe of his Hienesse' actiouns. His Majestic is there-
fore moved to thinke, that there can be no so good and sure way
of true informatioun of all his subjects, as to sett doun unto them
the true estat of the questioun, together with all that hath followed
and risin therupon, the mistaiking wherof (his Majestic doeth
assure himself) is the onlie caus from whence all scruples in
some men's hearts (if anie be) doe spring and proceed.
" His Majestic, for the three or foure last yeeres together, before
his departure out of this kingdome, being caried with a most
ardent zeale and earnest affectioun to the advancement of God's
glorie, and establishing of the rellgioun presentlie professed, never
spaired to undergoe in his owne most royall and sacred persoun,
almost intolerable paines and fashrie, for preventing of all disorders
1G06. OF TUB KIKK OF SCOTLiU^D. 421
and corruptlouns which creeped into the church ; and for setting
doun and establishing suche a solide and comelie forme of governe-
ment, as might be able to preserve the puritie of our professioun,
and procure the establishing of a solide peace and quietnesse in the
church ; and for that cans, was ever present at all the frequent
meetings and assembleis of the ministrie in this kingdom. And if
his Majestie's effaires, and other incident occasiouns, had beene
suche as he could not be able to keepe the appointed place and
dyet, to the which he had called the Assemblie, his Hienesse did
ever carefuUie prorogat and continue it, till suche other tyme and
place as his leasure might permitt him to be present at the said
meeting. And as his Majestic, by these his travells, had alreadie
putt this our church in a good beginning, and forwardnesse of a
good order and frame, so he no way doubteth, but if he had made
anie longer stay amongst us, he would with God's assistance have
brought it, by this tyme, to a reasonable and expected perfectioun.
*' But suche is the malicious invy of the evill disposed sort,
grudging at the progresse of anie good mater, that some of these
ministers, who ever had beene hinderers and crossers of that good
worke als farre as they durst, even in his Majestie's owne pre-
sence, conceating with themselves that now in his Hienesse'
absence from this countrie, (with whom they supposed all memo-
rie and regard both of church and commoun wealth had beene
altogether forgotten and neglected,) and that by reasoun of the
assignement of a day in the moneth of Julie last past, for keeping
of an Assemblie, (betuLxt the appointment wherof, and the tyme it
self, interveenned that most happie and necessarie cans of his
Hienesse going into England,) they thought a verie fitt occasioun
was offered unto them for prosecutioun of their intentiouns. And,
therefore, they endeavoured, to the uttermost of tlieir power, to
reverse and overthrow all these good orders and godlie constitu-
tiouns formerlie concluded, for keeping of good order in their
church ; and partlie, by secreit suggestioun of false calumneis to
the simple and ignorant, and by plotting and comblnatioun with
these of more turbulent spirits, who, knowing that their owne
422 calderwood's histouie 1606.
inabilitie would impede them to be anie way preferred, made
choice, with the camell, to drinke in muddie waters, and by per-
turbing of maters rather to overthrow all good order, than that by
settHng of the church governement, the vertues of others and their
vices and imperfectiouns sould be cleerelie discovered and dis-
tinguished : Therefore, to assure themselves the better of the com-
passing of this their designe, they spaired no tyme, nor left no
meane unassayed, to preoccupie men's opiniouns, to anticipat their
votes, and to make up a strong factioun against the meeting of
that Assemblie ; thereby fuUie intending to bring the estat of this
church to a most evident confusioun and disorder.
" Upon some notice of the which mischevous plotts and machi-
natiouns, his Majestic considering that his absence from that future
meeting of Assemblie, and the neere approaching of the tyme ap-
pointed for the keeping therof, were embraced by these turbulent
spirits, as fitt opportuniteis and good occasiouns offered unto them
so to overrule that mater, by thus preparing and packing up of
votes before hand ; that howsoever the better sort sould oppose
themselves therunto, yitt they sould be sure to make the estat of
this church without anie rule at all : And, therefore, his most
excellent Majestic continuing in tliat fatherlie care, which he ever
caried to this church and realme, by his Hienesse' letter signed
with his owne hand, directed unto the commissioners of the Gene-
rall Assemblie, signified unto them his speciall pleasure and will,
that that meeting and Assemblie appointed to have beene the
secund of Julie now last past, sould be deserted, and that no new
indictioun sould be made ather of day or place, without his Majes-
tie's consent. And therafter he desired, that some of the
bishops, and also some of the best, wisest, and most religious of
the ministrie, sould repaire toward his Majestic with all convenient
speed, that his Hienesse, with their advice, might not onlie resolve
upon all suche grounds, as were fittest and most expedient for set-
tling of the peace of the church, but might also appoint some fitt
and convenient day and place for holding of a new Assemblie.
" Upon the recept of the which letter, the said commissioners of
1606. OF THE KIEK OF SCOTLAND. 423
the Assemblle, by their missives directed unto all the presbytereis
of the kingdome, certified them of his Majestie's pleasure and will
concerning the deserting of that meeting ; willing them, that they
sould not in anie cace send their commissioners to keepe that day
formerlie appointed, and now by his Majestie's warrant deserted,
but that they sould expect the appointing of a new day and place
for keeping an Assemblie. But so farre were some of the ministric
from making anie accompt of his Majestie's directiouns, (a thing
most detestable in anie subject, muche more in anie of the ministrie,
whose doctrine, life, and whose actiouns ought to be lanterns to
others, of all duetifull obedience to their prince,) as by the contrarc,
in plaine contempt therof, most seditiouislie they conveenned at
Aberdeene, and being guiltie to themselves of their owne inabilitie,
unworthinesse, and small gifts, conjoynned with a bad inclinatioun,
they being despaired, that in doing good they sould ever become
memorable, and overruled with a burning desire of vaine glorie,
resolved, by overthrowing the governement of this church, and by
enducing all disorder therinto, to make themselves (at least for
their evUl) famous, with that some tyme burner of the temple at
Ephesus. And howsoever the advertisement of his Majestie's
pleasure and will, for the deserting of the said Assemblie, sent by
the commissioners, was duetifullie receaved, and willinglie obeyed,
by the whole presbytereis almost of this kingdom, yitt some few
ministers, not exceeding the number of eighteene or nynteene per-
sons at most, overruling the rest of the poore brethrein of their
eight or nyne severall presbytereis, (over whom, by reasoun of
their said brethrein's simplicitie, and their owne craftinesse, they
had gott, in tyme past, verie muche advantage, and had them in a
maner tyed to their girdles, to consent to anie thing whatsoever,) so
brought it to passe, as by their procurement, the declaratioun of
his Majestie's pleasure was contemned, and they themselves chosin
commissioners to that meeting, which, by his Hienesse' commande-
ment, was deserted. And we of his Majestie's counsell, fearing that
the presumptioun of these few, (howsoever in words professing, yitt
in their deids directlic impugning, his Majestie's authoritie royall,
424 CALDERWOOD's HISTORIE 1G06.
under a coloured pretext of their zeale to religioun, which, alas ! is
now most detestablie abused, as an ordinarie cover and excuse for
everie treasoun and trespasse,) thus conveening without regaird of
his Majestie's command made to the contrarie, might be a dangerous
preparative to the whole estat, considering that these who sould be
the teachers of others were now become the onlie violators of their
obedience to their most gracious and religious soverane : There-
fore we directed Sir Alexander Straitoun of Laurestoun, knight,
to the said burgh of Aberdeene, with speciall warrant and com-
mandement to prohibite and charge that few number of ministers
from conveening at all ; and also by a speciall missive, writtin unto
them, was signified his Majestie's pleasure concerning the deserting
of that dyet.
" Notwithstanding of the publicatioun of the which charge at the
mercat croce of Aberdeene, the day before their meeting, they
being all in toun, and the deliverie of our letter the nixt day ther-
after, they being all conveened, were so farre from careing anie
respect to the charge which was directed and executed in his
Majestie's name, or to the missive sent from us, or to the bearer,
being his Majestie's commissioner in church efFaires ; as the first
being contemned alreadie, the letter was superficiallie answered,
and the bearer (whose presence at all their doings was ordinarilie
most necessar) was nevertheless at this tyme excluded furth of
doores all the tyme of their keeping that Assemblie, till the end
therof. A particular relatioun of all which circumstances being
faithfullie made to his Majestic, his Hienesse tooke occasioun with
his owne hand to penne a declaratioun, whereby not onlie all
pretext of excuse or defence which may be pretended by these
ministers is cleerelie refuted, but also their proud contempt and
disobedience is made so manifest, as we doe fullie assure ourselves
no scruple of doubt will remaine with anie who is not perverselie
preoccupyed to distrust all veritie. The declaratioun we have
presumed to insert in this place, as it came from his Majestic
hiinself, and is this : —
" Becaus this unrulie handfull of ministers that made the
1 606. OF THE KIRK OF SCOTL^\JSfD. 425
fasliioun of keeping of this pretended Assemblle, together with
their associats and allowers, doe so muche brag of the equitie of
their caus, and wilfullie mainteane that the ground of their pro-
ceedings was most just and necessarie, and if anie errour was
therin, it was onlie in forme, which proceeded out of necessitie, in
respect of the unlawfull restraint of their libertie, as tliey alledge ;
we have therefore thought it o:ood to sett douu most succinctlie
and shortlie the verie anatomie of their actiouns, and true state of
their caus, to the intent, that power being joynned to rerfsoun, (as
ever hath beene our constant forme of proceeding in all our
governement,) their wickednesse being truelie discovered, the due
punishement to be inflicted upon them may the better appeare in
their owne colour, als weill as their transgressioun. And therefore,
wheras they brag of warrant of conscience, warrant of law, the due
observatioun of their owne customes and liberteis, and the respect
of the weale of the church, as the true motives of this their sedi-
tious and unruelie contempt, the contrare of all these sail be made
most cleerelie to appeare.
" And, first, for warrant of conscience for their Generall Assem-
blie, which they terme the Councell of God : in the whole Old
Testament they w^iU not clame to anie warrant of a General!
Assemblie ; and in the whole New Testament they can alledge no
warrant for Generall Assembleis, but that conventioun of the
apostles at Jerusalem, mentiouned in the Acts of the Apostles,
which, indeid, was an universall councell of the whole Church, and
no wise lyke to a particular Scotish Generall Assemblie. And
therefore they must leave the Scripture, and have recourse to the
exemple of the primitive Church, for warrant of particular nationall
councells. To which warrant we are assured that they wiU be
ashamed to clame, in regarde manie rites and ceremoneis, suche as
vestiment, crosse, and confirmatioun, will be found in the same
primitive Church, which they doe utterlie abhorre. And since the
emperours (how soone they become Christians) had the onlie
undoubted authoritie in their persons of conveening Generall
Councels, which never was taikin from them whill the Pope
426 calderwood's histoeie 1606.
ascended the height of his abominatiouns, how muche lesse ought
that authoritie be denyed to a Christian monarch, in the assem-
bhng of a nationall councell of his owne subjects, who hath farre
greater and juster dominioun over his owne people, than anie
usurping emperour could clame over the face of the whole earth.
And if they will alledge the purest writters in our dayes, professors
of our religioun, that in their missive letter, both to the prince and
Church of the state of Scotland, they have wished the holding of
frequent assembleis in that countrie, (but always by the king's
permlssioun,) as a meane whereby both doctrine and discipline
might be mainteaned without disturbance, and muche good thereby
procured in the Church of God, yitt these verie arguments of
theirs doc declare, that they onlie perswade it by way of advice,
as a thing verie convenient ; and did not sett it doun as a rule of
necessitie, and an infallible law.
" NLxt, as to the warrant of our law in that kingdom, it is first
to be generallie observed, that no priviledge that anie king giveth
to one particular bodie or state within the kingdome, of conveen-
ing or consulting among themselves, is to be understood to be
privative givin unto them, and so, the king thereby depriving him-
self of his owne power and prerogative ; but onlie to be givin
cumulative unto them, (as the lawyers call it,) without anie way
denuding the king of his owne power and authoritie. As for an
instance, (which has beene too frequent in all this yle all these
yeeres past, saving the pleasure of God,) everie burgh royall hath
their owne times of publict mercats allowed unto them by the law,
and the king's priviledge ; but when the plague happened in anie
of these touns, did not he, by proclamatioun, discharge the holding
of the mercat at that tyme for feare of infectioun, and yitt thereby
did no prejudice to their priviledges ; nather did anie of them
ineptlie murmure, muche lesse enter into that high contempt,
as to say, they would obey the king's lawes in keeping their
priviledges, and not the particular restraint therof at that tyme
for necessarie causes. And as to the nature of their particular
priviledge in holding of Assembleis, they have, in this their last
1006. OF THE KIRK OF SCOTLAND. 427
pretended Assemblie, brokin the limitatioun of that priviledge that
is cleerelie sett doun in the first act of Parliament, in the '92 yeere,
Avhich is the latest and cleerest warrant for their AssembHe.
For there, it is speciallie provided, that as we give them licence for
holding of their Assembleis once in the yeere, or oftener, as occa-
sioun sail require, (which proves, that all their power onlie proceeds
from us,) so must it not be conveened without our owne presence,
or then of our commissioners ; nor no day or place sett doun for
the nixt Assemblie, but by our or our commissioner's appointment,
except we be not pleased, nather to goe in our owne persoun,
nather to send anie for assisting of the said Assemblie.
"And how these limitatiouns have beene observed by them at this
tyme, lett the world judge. First, in not onlie refusing the pre-
sence of our commissioners, but most contemptuouslie and injuri-
ouslie barring the doore upon him ; and nixt, in setting doun the
dyet of the nixt Assemblie, without ather his prlvitie or consent.
And as to the thrid point, of their justifeing of themselves by the
warrant of the constitutioun and custome of their owne church,
we would know, what warrant they have for holding of a new
Assemblie, without the presence ather of the Moderator of the
last, or of the ordinarie clerk of the Assemblie ; the clerk speciallie
at that instant being dwelling in that same toun where they con-
veened. For their custome has ever beene, that the Moderator
sould call all the commissioners, name by name ; sould see their
commissions from their presbyterie ; sould give then the leits for
electioun of a new Moderator, and make their names (the parteis
being removed) freelie to be voted among them : but first of all,
the Moderator ought to preache unto them, and out of the Word
of God teache them their duetie at that meeting. But as this
their pretended Assemblie was keeped in contempt of our authori-
tie royall, so had it (praised be God) mo beginning at the "Word
of God, without the which order in their proceedings, we would
know what might lett as manie Generall Assembleis to be con-
veened at anie tyme, in diverse places of that countrie, as there are
severall numbers of nynteene ministers through the countrie? And
428 calderwood's histokie 1606.
so there sould be at one instant farre moe General! Assembleis in
Scotland, one against another, than ever there were Popes in one
time in our adversarie church. And if they would alledge, that
the straightnesse of these evill dayes (wherin they live) compelled
them to omitt diverse of their ancient and lovable customes, that
can not but imply a direct accusatioun of our tyrannic ; for which
the answere may suffice, that beside our knowne sinceritie in reli-
gioun, and constant love to doe justice to aU our people, they can
never alledge, that they did so muche as to send a pctitloun, ather
to our self, or, in respect of our absence, to our counsell there, for
permissioun of this Assemblie. For wheras they alledge, that this
day was continued by us, and the commissioners of the church,
without affixing a new dyet, we thinke the least they could have
done, had beene huniblie to have craved the appointing of a new
dyet, and patientlie to have expected ather our answere, or our
counsell's therupon, rather than by this their outragious contempt,
to have proclamed ather our unjust persecutioun of them, or ellis
(which is the truthe) their arrogant and seditious disobedience.
" And lastlie, how carefullie they respected the weale of their
church in this course, it is manifest to the world, first, by needlesse
irritating against them their ancient, lawfull, religious, and most
mercifull king, wheras they might have come to their owne end,
by their mylde behaviour and due obediencie ; and nixt, by making
als needlesse a separatioun betuixt all the rest of their learned,
grave, and duetifull brethrein, and them who for their parts are in
this cace according to their qualitie, als farre lightlied and dis-
graced by them as we are disobeyed ; and thridlie, by bringing
on a publict scandall heerby upon their professioun, as rebellious
to so religious and just a king, whereby the adversareis of our
religioun, who, like roaring lyouns, goe about to catche suche
opportuniteis, may fill their new bookes and pamphlets with suche
scandalous memorialls against our religioun. And lastlie, what
charitie they have by this their behaviour used toward their Puri-
tan brethrein in this countrie, they themselves may easilie gesse,
having by this their contempt done nothing ellis but animated and
1600. OF THE KIRK OF SCOTLAND. 429
spurred us to the stralter animadversioun and order talking with
them, least otherwise, as they are both favourers of one discipline,
so they may some day, by their exepiple, (if they had als great
libertie,) give proofFe of their like disobedience and contempt of
our authoritie.
" Now, leaving it to everie one, to observe both the patience and
pietie of a most puissant prince ; his patience, that after so great
a contempt committed by so meane, base, and abject persons, who
were never anie wise remarkable as men of great gifts, but were
speciallie noted of too great a desire to be made famous, if by no
other meanes, yitt at least by their troubling and overturning of
maters : And although his Majestic had most just caus of offence
against some of them, for the great oversight in former tyme, and
that others of them had most unduetifullie, in that same actioun,
made breache of some promises made by some of them unrequired
to his Majestic himself verie few moneths before ; yitt, so super-
abundant was his lenitie and patience toward them, that after the
committing of the contempt, they were not committed presentlie,
but suffered to stay at home at their owne houses : uather were
they presentlie brought to their answere, but his Majestic most
patientlie, in hope of their repentance, was pleased a long tyme to
superseed the ordinarie course of law against them. And heere-
Avith all his Majestie's pietie doeth most cleerelie shyne, that being
even since his infancie a most gratious nurcefather of the religioun
professed, and protectour of the professors, but speciallie of the
teachers of the same, and notv/ithstanding that the contempt com-
mitted was so hay nous, as by the ordinarie course of justice, his
Majestic might presentlie have beene avenged of these disdainers
of his authoritie and royall commandements ; yitt, so farre was his
Majestic from anie rigorous proceeding against them, as by the
contrarie, to the intent to call them backe, who were now so farre
astray out of the path-way of obedience, (a most pitifuU, yea, a
most abominable thing in a minister,) it pleased his sacred Majes-
tic, most gratiouslie, of himself, to sett doun that former declara-
tioun, that upon the view therof, these ministers might see their
430 calderwood's historie 1G06.
offence, confesse their guiltinesse, and crave pardoun. Wherin,
howsoever some of them were ever all their life, and likewise at
this tyme, so rammage,^ that they could not be recalled by anie
lure, yitt were six or seven of that number of nynteene, which first
conveenned, so moved and tuiched with that opin discoverie made
by that declaratour, of their oversight, as in all humilitie, before
the lords of his Majestie's counsell then present, protesting their
great sorrow for their offence, excusing themselves upon their igno-
rance, and purging themselves of all wilfulnesse in that actioun,
they besought their Lordships to be mediators at his Majestie's
hands for a pardon to them ; who presentlie, upon their humble
submissioun, (according as his Majestic had beene pleased to sig-
nifie his will and minde to his counsell,) were dismissed, and sent
home to their houses, to attend their charge and ministrie over
their owne flockes. So farre was his Majestie's heart from intend-
ing anie rigour against anie of that professioun, as by the contrarie,
by his Majestie's present pardoning of them upon their submis-
sioun, it doeth manifestlie appeare, that his Hienesse was farre
more willing and readie to embrace their penitence with clemencie,
than they could be capable to desire the same ; imitating heerin
the great King, the King of all kings, who never desireth the death,
but the amendiment of the sinner. And yitt it is most true, that
these so dismissed upon their humble submissioun and repentance,
were men of no lesse gifts, but of farre greater sinceritie, knowne
good life, and conversatioun, and nothing inferiour to these others
which remaine still obstinat, but in unquietnesse of spirit, hauti-
nesse of minde, and desire of breaking the peace of the church.
" But before anie further be tuiched, of their conventing before
anie judge, or that anie relatioun be made how, by their pertinacie
of mainteaning the first fault, (being a most presumptuous ryot,)
they came nixt within the compasse of no lesse offence than trea-
soun, it is not unmeete, that the verie point of their first cryme for
which they were brought in questioun to answere before us, his
1 Turbulent.
1606. OF THE KIRK OF SCOTLAND. 431
Majestie's counsell, were cleerelie sett doun, als weill to refute these
vaine subterfuges of excuses and pretexts tliey make for their
obstinacie, as to remove from the godlie, rehgious, and weill dis-
posed subjects, all scruple of anie suche mater, wherof these minis-
ters and their favourits, by lying rumours, would sow the seeds
among the simple sort, whom they verie weill know, and we oftin
find to be too credulous of everie false report.
*' As, therefore, the keeping of a Generall Assemblie was not the
mater in questioun, so is it of veritie, that by this accusatioun
against these disobedient ministers, there was nothing layed to
their charge, concerning the lawfulnesse or unlawfulnesse of a
Generall Assemblie, nor yitt of the power and limits therof ; but
that they had unlawfuUie made a privie conventicle, not onlie
directlie repugnant and against his Majestic and counseU's charges
and directioun, but even als weill against the contlnuall custome
and practise of the church, as their present consent, which was
weill witnessed by all the presbytereis absteaning from directing
anie commissioners thither, saving that small number of presby-
tereis alreadie recited, wherof they were the commissioners. For
they not onlie disobeyed his Majestie's authoritie, who had dis-
charged that tyme and place of meeting, but even the will and
directioun of their owne church, whose disassenting to their pro-
ceedings was not onlie manifested by the commissioners of the
Generall Assemblie's letter, certifeing all the presbytereis of the
deserting of the said Assemblie, but also the church did by their
not sending of commissioners to that dyet, cleerelie demonstrat
their obedient acknowledgement, and acquiescing to his Majestie's
will in that behalfe ; of whose power and lawfull authoritie in
appointing or continuing the tymes and places of meetings of
Assembleis, they never doubted, being so oftin practised (as is
alreadie rehearsed) in his Majestie's owne person, and declared to
be his prerogative, by that same act of parliament, by which they
are warranted to keepe the said Assembleis. And if these minis-
ters who stand so obstinat in defence of the Assemblie, (which
they must confesse, hath onlie from that statute iu '92,) would
432 calderwood's historte 1606.
consider how farre the prince may dispose of the meetings of the
parliament it self, as ather to prolong, haistin, or desert the meeting
therof, and being conveenned, may dismisse the same without
doing anie thing at all therin, what foolish prerogative and super-
eminencie is this, (seing they must needs acknowledge themselves
subalterne,) which they would clame above the most supreme,
liigh, and honourable meeting of the whole kingdom, except it be,
as so manie Popes in their owne conceate, they would exempt
themselves altogether from all secular power ?
" And so the particular cans wherupon these ministers were con-
vented before us, was nothing ellis but that they most seditiouslie,
contemptuouslie, and in plaine dlsdaine of his Majestie's princelie
commandements and authoritie royall, did conveene themselves in
a privie conventicle, which they (wronging not onlie his Majestic,
but the Church, as is alreadie declared) proudlie, seditiouslie, and
most falselie termed, and mainteane to be a Generall Assemblie,
notwithstanding of his Hienesse' pleasure and will signified to
them and their presbytereis, by missives from the commissioners
of the Generall Assemblie, that the meeting appointed at Aber-
deene sould desert ; and, notwithstanding of the prohibitioun, by
publict proclamatioun at the mercat croce of Aberdeene, and of
our will sent unto them by the said Sir Alexander Stratoun. And
how unlawfuU and unduetifull their pretended excuses are, being
grounded, as they alledge, upon the feare which they conceaved of
the suppressing of their Assembleis, and overthrow of their dis-
cipline, by the deserting of that Assemblie once appointed, lett the
world judge ; since not onlie his Majestie's zeale and care for the
maintenance of the religioun is weill knowne to all men, but even
in speciall his great love to this people, in not intending to lay
upon them anie new formes or ceremoneis, is weill manifested of
late by that proclamatioun which his Majestic has caused to be
published, for cleering of all suche doubts out of his people's
hearts." (The tenor wherof is sett doun page 397.)
" After the publicatioun and imprinting of which proclamatioun
for indictioun of a new Assemblie, it being still hoped by us that
1606. OF THE KIRK or Scotland. 433
these ministers remaining in waircl, upon the sight of their owne
offences, with repentance for the same, sould humblie have besought
his Majestic for pardoun ; yitt did their obstinacie still continue,
justifeing all their proceedings, as if they had committed no cryme
at all. "WHierupon, we of his Majestie's counsell fearing the impu-
tatioun of unduetifull and undiligent servants, if by this our pro-
crastinatioun (upon vaine hopes) of the tryell of their offence, we
sould leave it under the hazard of everie one's censure, to be judged
by the multitude according as their particular conceats sould leade
them, it was therefore thought meete to call them to their answere
before us for that their most seditious, proud, and contemptuous
disobedience to his Majestie's command and prohibitioun. Being
called upon, and all present, and inquired, What defence they
would make for themselves, ather to justifie or excuse that their
intolerable ryot and contempt, first by speeche, and then by writt ;
they gave in the declinatour following, as disclaming to themselves
altogether from anie subjectioun to his Majestic and his counsell ;
making all their actiouns, whatsoever sort, (by their owne inter-
pretatioun,) to be meere spirituall, and that their meeting the
secund of Julie last at the burgh of Aberdeene was suche an essen-
tiall ecclesiasticall mater, warranted by God's ^yord, that therin
they did no offence ; and if anie they had done, the counsell of
anIe secular prince was no way to judge them, but their owne
Assemblle : a most lewde and vaine positloun ; it being a certan
and infallible maxime in the law, that their answere could not
exceed the limits of the llbell and accusatioun. And therefore,
they being onlie accused at that tyme for suche a privat and
unlawfull misdemeanour, their declinatour could not but directlie
deny his Majestie's authoritie in that particular point, wherof we
have likewise sett doun the tenour : —
" My Lords of Secreit Counsell, &c., vide page 347.
" This declaratioun being repelled, and they having used some
other frivolous defences, with more losse of tyme than uttering of
anie mater, at last all being repelled, they were found to have con-
YOL. VI. 2 E
434 calderwood's historie 1606.
veenned most unlawfullie, contrare to his Majestie's Avarrant and
charge givin to the contrarie. And being returned to their severall
prisouns, upon advertisement givin to his Majestie of the whole
proceedings in that processe before the counsell, and of that proud
presumptioun of these ministers in proponing the said declinatour,
without anie respect to that act of parliament made in May 1584,
or anie paine which they incurred by doing therof, (which was,
that anie persons, ather spirituall or temporall, presuming to
declyne the judgement of his Majestie and his counsell in anie
mater whatsoever, sail incurre the paine of treasoun ;) therefore
his Majestie presentlie sent his royall directioun to his counsell,
that the ordinarie course of justice, according to the lawes of this
his Hienesse' realme, sould proceed against these ministers, who,
by the proponing of that declinatour, had made a plaine denyall of
their subjectioun to his Majestie, and of his royall power and
authoritie over them. Wherupon, six of them being then in
prisoun within the Castell of Blacknesse, were upon the tenth of
Januarie last brought to his Majestie's burgh of Linlithquo, and
there presented upon pannell before his Hienesse' Justice, being
the ordinarie judge of all maters criminall; who had joynned to
him a great number of noblemen, and others of his Majestie's
counsell, by his Hienesse' commissioun, to assist the said Justice in
that mater. And their endytement being grounded upon that first
statute made in May 1584, and upon that their presumptuous fact
in declynning the counsell's judgement, when they were first
brought to their answere, they were then demanded, What they
could say for themselves before the mater sould passe to the tryell
of a jurie? And, notwithstanding that some of their owne brethrein,
upon earnest requeist to the counsell, having obteaned licence and
permissioun to conferre with them, and to perswade them to an
humble submissioun and penitence ; as likewise, that their two
principall procurators and counsellers at law not being able to per-
swade them to this same course of humilitie, wherin they dealt
with them earnestlie, did, upon their obstinacie, dii-ectlie refuse to
pleade for them ; and lastlie, notwithstanding that they were pub-
1606. OF THE KIRK OF SCOTLAND. 435
lictlle admonished by the judge the verie tyme of their standmg at
the barre, that, putting oft' that maske of wilfulnesse, (the onUc
thing which so Winded them from sight of their owne folleis,)
they would humblie crave his Majestie's pardoun, of whose great
clemencie, incace of their submissioun, all that were present had
verie great hopes, and uttered great assurances ; yitt suche was
their malignant and indured obstinacie, as hardening their hearts
against all these publict and privat perswasiouns and admonitiouns,
they wilfullie persisted in justifeing their actlouns, having still the
assistance of so manie counsellors at law as would stay with them.
And the onlie thing they could alledge for themselves, why they
sould not goe to the tryell of an assise, was, that the said statute
of May 1584 was therafter interpreted and limited by a particular
claus of a statute made in 1592, wherin it is declared that the said
act made in 1584 against the declynning of the counsell's judge-
ment sail no wise be prejudiciall, nor derogat anie thing to the
priviledges which God has givin to the spirituall office-bearers
in the Church, concerning heeds of religioun, maters of lieresie,
excommunicatioun, collatioun, or deprivatioun of ministers, or anie
suche like essentiall censures speciallie grounded, and having the
warrant of the Word of God. And heerin they doe alledge that
their meeting at that tyme in Aberdeene being an essentiall cen-
sure, warranted by God's Word, they might lawfuUie declyne the
counsell's judgement from talking cognizance therin. Wherunto
it was answered by his Majestie's advocat of this his Hienesse'
kingdom, that that their defence was to be repelled, becaus the
keeping of an Assemblie at a certan tyme and place, and the
appointing of another Assemblie of new, contrarie to his Majestie's
charse, and against the will and command of his Hienesse' counsell
of this kingdome, and, notwithstanding of the disassenting of his
Majestie's commissioner, muche lesse the keeping of that pettie
conventicle in the toun of Aberdeene, that secund of June last
past, is not anie head of religioun, mater of heresie, excommunica-
tioun, or essentiall censure Avhatsomever ; and so, being no way
under that limitatioun, must of all necessitie come under the gene-
436 calderwood's historie 1606.
ralitle of the former statute in the '84, and they must have incurred
the paine of treasoun for declyning the counsell's judgement, being
called to their answere upon their contempt. And likewise, in
that same verie claus of interpretatioun of the former act, however,
It is declaired that the said statute sail no wise make derogatloun
to the priviledge that the office-bearers of the Church have givin
them concerning religioun, heresie, and other ecclesiasticall cen-
sures, (wherin his Majestic will be ever farre from assuming unto
himself anie papisticall and tyrannical! authoritie over the expresse
Word of God,) yitt doeth not that claus inferre suche a privative
of his Majestie's soveraintie, as may denude him of that lawful!
power which Christian kings have over the Churches that are
within their dominiouns.
" The mater going to the tryell of an assise, these six are found
guiltie of high treasoun, and returned to their several! prisouns.
And, therefore, as heereby this proud contempt and disobedience
of this small handful! of ministrie, (to the verie great greefe and
sorrow of all the weill disposed of that professioun in this king-
dome,) is cleerelie and truelie sett doun, (that the ignorance therof
sould not be the occasioun of mistaiking, by anie of the most just
and necessarie causes enforcing this hard proceeding against them;)
so are the wilfull and obstinat persons to be left to their punish-
ment, for their deserts, wherunto they have most contentiouslie
constrained his Majestic, and in a maner extorted the same, against
his Majestie's will. And neverthelesse, since there is no contempt
whatsoever, but hath the owne favourers, no follie, but by some
patronized and allowed ; and that upon vaine curiositie, (notwith-
standing their knowledge to the contrarie,) some will not sticke to
mainteane paradoxes, and defend absurditeis, which (howsoever in
maters frivolous or of no moment, might be overslipped and not
regarded,) yitt in suche maters concerning his Majestie's royal!
authoritie, and the excusing or justifeing of high or proud con-
tempts by anie sort or ranke of persouns, so farre sould be of his
Hienesse' counsel!, (in our duetie and allegiance to our prince and
soverane,) be from anie sort of carelesnesse or negligence; as heereby
1606. OF THE KIRK OF SCOTLAND. 437
we have thought meete to signifie his Majestie's speclall pleasure
and will, that he doeth straightlie commande and charge all his
Hienesse's subjects of this his kingdome, (of whatsoever ranke,
place, calling, functioun, or conditioun they be,) that none of them
presume to take upon them, ather in publict or privat, to murmure
or call in questioun anie sort this his Majestie's prerogative and
authoritie royall, or the lawfullnesse of this proceeding against the
said ministers, or anie way to make constructiouns, or misinterpret
that act of Parliament of the yeere 1584, concerning the declyning
of his Majestic and the counsell's judgement ; otherwise, that as
the same is made cleere and manifest by this present decisioun of
the Justice, in the tryell of the said ministers : With certificatioun
to them that sail contraveene the same, that they sail be reallie
punished in the qualitie of seditious persons, and wilfull contemners
of his Majestie's most just and lawfull governement.
" Givin at Edinburgh, the 7th of Marche, in the thrid yeere
of his Majestie's raigne of Great Britaine, France, and Ire-
land, 1606.
" Edinburgh, printed by Eobert Charters, Printer to the King's
Most Excellent Majestic. Anno Dom. M.DC.VI."
This came furth in print, cleering the cans of the imprissoned
ministers, which heere foUoweth, printed in Februar :—
" A FAITHFULL REPORT OF PROCEEDINGS ANENT THE ASSEMBLIE
OF MINISTERS AT ABERDEENE, UPON TUISDAY, 2 JULY, 1605.
" Proverbs xvili. ver. 17.
*' He that is first in his oicne caus is just: then cometh his niyh-
bour, and maketh inquirie of him.
" Although I have beene in England manic yeeres, yitt I cannot
but be moved with the greevous traducing of some falthfuU minis-
ters in Scotland, which I heare everie day, as I have occasioun to
niecte with men, ather addicted (more or lesse) to Papistrie, or
43S calderwood's nisxoRiE 1606.
utterlie ignorant of Scotish efFaires ; traducing, I say, suche minis-
ters, as if they -were indeid guiltie of high treasoun. A livelie
member of the kirk cannot be but sensible of the troubles therof,
in what part of the world soever he be : how then can I be unmoved
to heare suche things of the principall members of the kirk in
Scotland, so neere and deere not onlie to Scotish men, but to
English men too, if they be trulie religious ? For doeth not everie
wise hearted Christian evidentlie perceave, that (among other stra-
tagemes of this declynning age) Satan would blemish the Gospell,
and undermyne the kirk, through the sides of these faithfuU
ministers ?
" I have thought it verie necessarie to collect and sett doun this
faithfull report, hoping that the indifferent reader will suspend his
judgement till Truth (Tyme's daughter) be fitt to shew herself in
publict. I confute no objectiouns, becaus I would not offend; and
besides, rectum est index sui et obliqui. Lastlie, I call this report
faithfull, becaus I have faithfullie collected the same out of faith-
full intelligences, sent out of Scotland by faithfull brethrein, and
not becaus I can avow, though I beleeve, everie part thereof to
be undoubtedlie true ; and therefore pray, with protestatioun, that
this report be not prejudiciall to a more evident truthe, which
heereafter may be published by authoritie, or by the ministrie.
" In the Generall Assemblie at Halyrudhous, in November
1G02, the brethrein consented to his Majestic, that the nixt
Generall Assemblie sould be at Aberdeene, the last Tuisday of
Julie 1604, and not before, (notwithstanding it was then and there
ordeanned, with his Majestie's consent, that the dyets of Assembleis
be appointed and keeped preciselie everie yeere, according to an
act of parliament, 1592,) respecting his Majestie's pleasure, so
muche as they did not duelie consider, how prejudiciall it might
prove to the libertie of the kirk, to transgresse the said acts of
parliament and Generall Assemblie, in not holding with all con-
science the Generall Assemblie, once at least, everie yeere.
" That their exceeding regard of his Majestie's pleasure may yitt
more appeare, it is not to be forgottin, that the presbytereis
1G06. OF THE KIRK OF SCOTLAND. 439
yeelded to a letter dated at Perth, 4 Julij 1604, and subscribed by
the Laird of Laurestoun, the king's commissioner, Mr Patrik
Galloway, the moderator of the said Assemblie at Halyrudhous,
and Mr Richard Thomsone, clerk to the commissioners, in name
of the commissioners of the General! Assemblie, whereby they
were certified, that it was his Majestie's pleasm'c, that the Assem-
blie sould be continued till the first Tuisday of Julie 1605, if
advertisement come not sooner. And this they did, notwithstand-
ing an act of the Assemblie at Halyrudhous, whereby all power
was taikin from the commissioners of the Generall Assembhe, to
make anie alteratioun, drift, or delay of the dyet of the Generall
Assemblie : which act was made with his Majestie's consent, to
remove a just conceaved greefe of the kirk.
" The Generall Assemblie being so manie yeeres deserted, opin
scandalls so multiplied, and the rather, becaus inferiour judicatours
were contemned by the cheefest malefactors, who did elude and
escape their censures, by appellatioun to a Generall Assemblie,
which they never expected ; and Papists grew so insolent, Jesuits
and Seminarie preests travelling securelie within the kingdom, that
of necessitie, manie synods and presbytereis used manie meanes
and mediators ; yea, manie commissioners from manie provinces,
conveening at St Johnstoun in October 1604, made (with consent
of his Majestie's commissioner) a supplicatioun to his Majestic,
for haisting the Generall Assemblie ; but all to no great purpose.
For not long before the uttermost day of Assemblie, were letters
directed at Edinburgh, subscribed as these from Perth, and directed
to the presbytereis, advising them not to keepe the fyft day of
Julie ; which errour of naming the fyft day, for the first Tuisday,
which was the secund day of Julie, directlie appointed in the said
letters from Perth, whether it were of purpose or no, is not
certane ; but so it was, that the commissioners of foure presby-
tereis by reasoun therof, came not to Aberdeene, till the fourth and
fyft dayes of Julie, and some not at all. The causes moving the
presbytereis to send their commissioners, these letters notwith-
standing, were these. 1. They came too late. 2. They were
440 calderwood's historie 1606.
not with command, but by way of advice. 3. By the said act of
Halyrudhous, the power of altering or delaying the dyet of the
Assembleis was taikin from the commissioners of the Generall
Assemblie. 4. No other day and place was appointed. 5. The
danger of the forefaulting of the libertie of the kirk. 6. The
necessitie of an Assemblie. The ministers who conveenned at
Aberdeene the secund of Julie were these, Mr Johne Forbesse,
Mr Johne Monro, Mr Andrew Duncan, Mr Alexander Strauchan,
Mr William Forbesse, Mr Robert Youngsone, Mr James Irving,
Mr Charles Farholme, Mr Johne Schairp, Mr Eobert Durie,
Mr Archibald Blekburne, Mr James Rosse, Mr David Rait,
Mr Alexander Strogie, Mr James Mylne, Mr David Robertsone,
Mr William Davidsone, Mr Robert Reid, and Johne Rough, in all
nynteene.
*' After the sermoun made by Mr James Rosse, minister at
Aberdeene, the brethrein conveenned in the kirk, with the Laird of
Laurestoun, and by mutuall consent continued their doun-sitting
till the after noone, in expectatioun of moe brethrein, hindered in
their journey, as was sujjposed, by injurie of weather. At two
houres in the after noone, they mett in the sessioun hous, within
the kirk of Aberdeene ; and after incalling of the name of God by
Mr David Rait, moderator of the synod of Aberdeene, in place of
Mr Patrik Galloway, they sent for the ordinarie clerk of the
Assemblie, who went to them. At which tyme, the Laird of
Laurestoun sitting doun amongst them, affirmed, that though he
might charge them, yitt he would rather make use of a missive
letter from the Lords of the Secreit Counsell, directed to the
ministrie in their Assemblie at Aberdeene ; which he desired them
to read and answere. But untill a moderator was chosin, that
could not be. He named Mr Johne Forbesse to be the mouth for
the rest ; but perceaving that the Assemblie would proceed orderlie
in their electioun, he removed himself of his owne free will, that
(as he openlie declared) he might eshew to be querrelled and
found fault with, for seeming to approve the said electioun by liia
presence, if it sould fall out, that he and they sould not agree.
1606. or THE kihk of Scotland. 441
After his removing, they desired Mr Thomas NIcolsone, ordinarle
clerk to the Assemblie, to remalne with them, and to doe his
office. He refused, till he sould see how the issue of their doings
sould content the Laird of Laurestoun. And so (but first desir-
ing and obteaning dispensatioun for his absence) he likewise
removed himself. The Assemblie proceeds, and having putt in
leits Mr Kobert Durie, Mr Johne Monro, and Mr Johne Forbesse,
who was in electioun, with general consent choose Mr Johne
Forbesse moderator, and the rather, becaus they were willing to
respect the Laird of Laureston's nominatioun ; and after prayer
made by the new moderator, they did choose Mr Johne Schairp
clerk for that tyme.
" After this electioun, the letter missive was read, and the judge-
ment of the Assemblie craved. The letter consisted of two points,
1. That the Assemblie sould be presentlie dissolved ; and, 2. That
no new dyet sould be appointed till his Majestic were acquainted
therewith. And yitt, it was agreed betweene the Lord Chancel-
ler, and Mr Johne Forbesse, in Edinburgh, before the ministers
mett in their Assemblie at Aberdeene, that the ministers sould
meete ; and upon requeist of the counsell, having fenced their
Assemblie, continue the intreating of all things to a new day. The
Assemblie yeelded to the former, but for reasouns before-mentioned,
thought it needfull to appoint a new dyet, if the Laird of Laures-
toun would not ; but if he would, they agreed to consent thereto,
were the day appointed long or short. They sent, and desired his
presence. The moderator declared to him the judgement of the
Assemblie, and he approved the former part of their conclusioun ;
but refused to defyne anie tyme long or short, albeit the Assemblie
assured him, that upon the reverent respect they had to satisfie his
Majestie's desire, they would be als readie afterward to continue to
a certane day, if his Majestic sould require the same. After long-
reasoning, [he] was brought to consider the necessitie of continu-
ing the Assemblie to a certane tyme, and the rather, becaus (as he
himself did there opinlie report) it was thought they sould never
have Assemblie again ; but yitt would not agree therunto, beeaus
442 calderwood's historie 1606.
(as he affirmed) he had no warrant so to doe. He, therefore,
again did vohintarilie remove himself, though he was desired to
stay, giving the secund tyme the same cans of suche removing
liimself which he gave before.
" Presentlie after, the intreating of the effaires of the Assemblie
were continued to the last Tuisday of September then nixt follow-
ing, at Aberdeene, and intimatioun ordeanned to be made in all
presbytereis, according to the order and custome observed in suche
cases. Which being done, and the Assemblie readie to dissolve,
the Laird of Laurestoun returned of himself, (for the doores were
never shutt,) and protested, that he did not acknowledge their
meeting for a lawfull Assemblie from the beginning, becaus of the
absence of Mr Patrik Galloway, moderator of the former Generall
Assemblie, and of the ordinarie clerk : (Heere it is to be noted, that
the number of ministers assembled was not then excepted against.)
To the protestatioun, the moderator, in name of the rest, answered,
that the reasouns therof notwithstanding, it behoved the Assemblie
to be lawfull, becaus of the warrant, 1. Of God's Word ; 2. The
lawes of the realme ; 3. Continuall practise of the kirk since the
ycere of our Lord 1560 ; but most clecrelie sett doun in the Booke
of Discipline, established in this land at his Majestie's owne desire,
publictlie made to the Generall Assemblie holdin at Glasgow,
1581, where, in the 7 cap., art. 3 and 4, it is thus writtin, ' All
Ecclesiasticall Assembleis have power to conveene together, for
treating of things concerning the church perteaning to their
charges. They have power to appoint tymes and places to that
effect, and one Assemblie to appoint dyet, tyme, and place of
another.' 4. The subscriptioun and oath of the king, and all
his subjects. 5. The said letter of the commissioners from Perth ;
and, 6. Presidents in the Register of the Assemblie, of choosing a
new moderator in absence of the old, and a clerk for the tyme, in
place of the ordinarie.
" In the meane tyme, the Laird of Laurestoun caused Johne
Wishart, messinger, to charge the Assemblie with letters of horn-
ing, to suffer the same to desert, and gave a subscribed copie to
1G06. OF THE KIRK OF SCOTLAND. 443
the moderator in name of the Assemblie, the reasouns wherof were
these : 1. That his Majestic had signified, that he could not be
resolved anent a Generall Assemblie, till the Parliament were past.
2. That this Assemblie was without his knowledge and consent.
Therunto obedience was givin instantlie, the moderator craving a
certificat of the same, under the hand of the messinger, who was
also a publict notarie. But he refusing, the ministers, after the
dissolving of the Assemblie with prayer by the moderator, went
presentlie to the commoun clerk's chamber of Aberdeene, and tooke
instruments of their obedience to the said charge, which was the
onelie charge that ever they heard of first or last, by publict or
priv'at intimatioun or knowledge whatsoever, as they protested
upon their salvatioun, in their apologie sent afterward to his
Majestic.
" Of this charge, no mentloun was made to the Lords of Secreit
Counsell ; but another was alledged to have beene givin by vertue
of the same letters, on JSIoonday, the first of Julie, by opin procla-
matioun at the Mercat Croce of Aberdeene ; whereas, in truthe,
there was no suche thing done ; for then, the Laird of Laurestoun
would have intimated the same, when he delivered the said letter
missive, and not have said, that he might have charged them if he
Avould.
" Again, it can be proved, that from the first comming of the
Laird of Laurestoun and his servants unto Aberdeene, till eight
houres in the night, there were continuallie about the Mercat
Croce, walking, sindrie honest men, who heard of no suche mater.
Moreover, if the indorsement of the said supposed charge were true,
to witt, that it was executed before two witnesses, both servants
to the Laird of Laurestoun, betweene seven and eight houres at
night, yitt it was to no purpose, becaus it was not executed in the
morning, betweene eight and twelve houres at noone, before
famous witnesses, according to an act of Parliament, 1587.
" Upon Thursday and Fryday following, by reasoun of the
errour of the commissioner's letter foresaid, came to Aberdeene Mr
Johne Welsche, Mr Nathan Inglis, Mr James Greg, Mr Johno
444 calderwood's uistorie 1606.
Young, Mr Thomas Abernethie, Mr Arclilbald Simsone, Mr
Nathaniel Harlaw, Mr Abraham Hendersone, and Johne Rosse ;
who finding the Assemblie dissolved, and having receaved a sub-
scribed copie of the proceedings therof, went to the place where
the Assemblie was holdin, and for the discharge of their commis-
sioun, tooke instruments in the hands of two notareis, that they
were come to have keeped the said Assemblie ; and that they did
ratifie all the proceedings therof in their owne names, and in the
name of the presbytereis who sent them.
" After which proceedings, the 24th of Julie, Mr Johne Forbesse
being in Edinburgh, of purpose to satisfie the Lords of Counsell
anent the alledged disobedience to his Majestie's charge, was sent
for by the counsell, to speeke with them who were conveenned,
consisting of six lords, and seven or eight of the late bishops, and
commissioners of the Generall Assemblie, (a noveltie not heard of
before in Scotland ;) and was commanded to waird in the Castell
of Edinburgh, becaus he would not condemne the Assemblie at
Aberdeen by his privat judgement, albeit he submitted himself, and
proceedings therat, to the Generall Assemblie.
*' Mr Johne Welshe being also in Edinburgh, was charged by a
messinger to compeere before the counsell the nixt day following :
who compeering, and refusing to give his oath, as he tooke it super
iiiquirendis, (albeit he oiFered it upon the knowledge of the particu-
lar interrogatoreis,) was likewise wairded in the Tolbuith till
ellevin houres, at which tyme, both he and Mr Johne Forbesse
were transported to Blacknesse.
" The secund of August, Mr Robert Durie, Mr Andrew Dun-
can, Mr Alexander Strauchan, and Mr Johne Schairp, being sum-
raouned, compeered before the counsell, and Avith them, Mr Johne
Welshe, who was brought from Blacknesse, upon his offer to give
his oath upon the points of his summouns ; and were all committed
to prisoun in Blacknesse, for the same cans for which Mr Johne
Forbesse was imprisouned.
" The 3d of October, other fourteene of these who had beene
ather the secund or fyft day of Julie in Aberdeene, being cited
1G06. OF THE KIRK OF SCOTLAND. 445
before the counsell, seven of them, becaus they doubted of the
lawfullnesse of the Assemblie, till it were discussed in a free Gene-
rall Assemblie, were remitted home, and other seven were wairded
for the same caus for which the rest were imprisouned before : To
witt, Mr Charles Farholme, and Mr Johne Monro, were wairded
in the Castell of Downe ; Mr Nathan Inglis, and Mr James Greg,
in the Castell of Dumbartane ; Mr James IrAving, Mr William
Forbesse, and Johne Rosse, in the Castell of Stirline. The rest
who were at Aberdeene the secund and fyft of Julie were not
summouned, and so spaired by the providence of God.
" After sindrie supplicatiouns, the said thirteen imprisouned
ministers wrote reasouns, to prove the summouns from the Secreit
Counsell, and proceedings before them, to be prejudiciall to the
authorized discipline of the kirk, and contrarie to the laudable
order observed in the realme ; and most humblie besought their
Lordships, in name of the Lord Jesus Christ, who sail judge
the quicke and the dead, to remitt their caus, and tryell therof, to
the Generall Assemblie, as onlie judge competent thereto, as also,
to dimitt them in peace, that they might attend on their owne
callings. Which supplicatiouns not regarded, they gave to the
lords a declinatour subscribed by them all, the said 24th of Octo-
ber, whereby they did appeale, as it were, from the king and the
counsell, to the king and the Generall Assemblie ; yitt so, that
they did always acknowledge themselves bound to submitt to the
counsell's judgement, in anie mater, wherin anie other subject was
bound to submitt. And howsoever they referred the answering ot
theticall interrogatoreis to the Generall Assemblie, yitt to cleere
themselves of crymes objected, they answered particular accusa-
tiouns and hypothetical! interrogatours, in their resuming of the
said summouns, and apologie to his Majestic.
" Their reasouns of declynning the counsell's judgement, con
leaned in their last supplicatioun, and pleaded, when they gave
their declinatour, be these : —
" 1. They alledged, and read an act of Parliament, in anno
1592, whereby a former act of Parliament, anno 1584, making it
446 calderwood's historie 1606.
treasonable to declyne the king and counsell's judgement, was
interpreted, (for it passed, when the principall members both of
kirk and commoun wealth were forced to forsake the land, and it
was never putt in executioun,) not to derogat anie thing to the
priviledge that God hath givin to the spirituall office-bearers in the
kirk, concerning anie essentiall censure, having warrant of God's
Word. But to judge of the lawfulnesse or unlawfulnesse of
synods, (wherof the Generall Assemblie is the sinew and life,) is
an essentiall censure, having warrant of God's AVord.
" 2. By the practise of the kirk, since the act of parliament,
1584, recorded in the register of the Assemblie, one Assemblie
hath ever discerned and judged another, and the proceedings
therof ; as is evident in the Generall Assemblie holdin at Dundie,
anno 1597, which allowed the Assemblie at Perth, and the pro-
ceedings therof, at both which Assembleis his Majestic was pre-
sent ; and (which is more) he required the questioun made of the
former to be decided by the latter Assemblie, as properlie pertean-
ing to that judicatorie. And in his Majestie's proclamatioun givin
at Hampton Court, 26 September 1605, his Majestic, not forgetting
the practise of this kirk, expecteth reparatioun of the supposed
disorders of the Assemblie, (for which we are called in questioun,)
at the Assemblie to be holdin at Dundie, in the last Tuisday of
Julie nixt.
" 3. If the counsell sould take upon them to judge and censure the
lawfulnesse or unlawfulnesse, the validitie or invaliditie of an As-
semblie, what were this but to confound ecclesiasticall and civill
judicatoreis, which hitherto have beene by law and practise happilie
distinguished, and which his Majestic, in the declaratioun of the said
act of Parliament, anno 1584, professeth to be farrefrom his mean-
ing ? His intentiouu being, (as he there affirmeth,) not in anie sort to
take away the lawfiill and ordinarie judgement in the kirk, whereby
discipline and good order might decay, but that, as temporall
magistrats doe judge in temporall maters, so spirituall jurisdictioun
sould have the ordinarie tryell, in maters belonging to the minis-
trie and their estate.
1606. OF TJIE KIRK OF SCOTLAND. 447
" Moreover, it may be affirmed, that it is no new thing to declyne
the couusell ; for, 1. There is a decHnatom- yitt extant, subscribed
by the hands of these same men of the ministrie, who are now most
against us, and moe than three hundreth pastors; and, 2. It is
also, and hath beene an ordinarie custome in civill and criminall
maters, even of civill persons, to declyne the counsell, and to take
them to the judgement of the Lords of the Sessioun, or to the
Justice, upon the different qualitie of the civill fact."
At this tyme, Mr Robert Youngsone, one of these who had
beene remitted from Perth, becaus he doubted of the lawfulnesse
of the Assemblie, being moved in conscience, returned, and the
same day and houre when these thretteene were standing before the
counsell in that caus, did compeere ; and desiring to be heard, did
acknowledge his oversight at Perth, and confessed his trouble in
conscience ; and, therefore, that albeit not summouned by their
Lordships, yitt charged by the living God, was compelled to come
thither that day, to justifie that Assemblie, and whole proceedings
therof ; to the great astonishment of the lords, and confort of his
brethrein, who also subscribed the declinatour with them. Who
all therafter were sent backe to their severall prisouns ; and Mr
Kobert Youngsone, to the Castell of Stirline, with the other three
that were wairded there : and so, as yitt, all continue in waird.
In their resuming of summouns, and apologie before mentiouned,
the ministers cleere themselves of crimes objected, by narratioun
of their proceedings alreadie reported, and reasons therin com-
prized ; and yitt farther, by these apologetick answeres : —
" 1. The true caus of the lawfulnesse of ecclesiasticall synods
and actiouns is, the ordinance of Jesus Christ, who, as King of his
kirk, has prescribed and commanded the same in his Word, as is
affirmed in the said Booke of Discipline, cap. 1, art. 10. So that
the act of Parliament in anno 1592 is not the onlie warrant of
suche synods and actiouns, being but the civill approbatioun of
our Christian soverane, moved of Christian duetie, in testificatioun
of his subjectioun to Christ, and willingnesse to have all his subjects
brought under humble obedience to the scepter of Christ; as may
448 caldeewood's historie 1606.
appeare by these words of the said act, ' And declareth, that the
said Assembleis, presbytereis, and sessiouns, jurisdictioun and dis-
cipline therof, to have beene in all tyraes bygane, and to be in all
tymes comming, most good, just, and godlie in the self:' Therefore,
and the rather becaus of our subscriptioun and oath to mainteane
the discipline of our kirk, conteaned in the Confessioun of our
Faith, we had highlie sinned, if we had not fenced the Generall
Assemblie, being not forbiddin to meete by the counsell nor by
the king's commissioner, no, not by the commissioners of the
Generall Assemblie, for they onlie advised us not to keepe the
fyft day, and it was not keeped. And seing we had endangered
the libertie of the kirk if we had not continued the Assemblie
untill a certane day, (for authoritie designed none wherunto we
might have consented,) therefore, that day being expired, another
could not be appointed by the kirk, according to the ordinance and
ordinarie custom e of the same.
" 2. We did not transgresse the said act of Parliament, anno
1592, in anie thing : 1. Becaus it is no instituting law, but a simple
approbatioun of Assembleis as they are appointed by the kirk :
2. Becaus the said approbatioun declaires, that it sail be lawfull to
the kirk and ministers, everie year once, and oftener, as occasioun
sail require, to hold Generall Assembleis : 3. Becaus in the same
statute it is provided, that the king or his commissioner (if either
be in the toun when the Generall Assemblie is held) be present,
not to allow or disallow the conveening or holding of the said
Assembleis ; but onlie to nominat the tyme and place of the nixt
Assemblie. And therefore it is provided, that the king or his
commissioner be present at ilk Generall Assemblie, before the
dissolving therof. Nather doeth the proviso give authoritie to
the king, or his commissioner, to nominat the tyme and place of
the nixt Assemblie absolutelie, or by himself, but conjunctlie, and
with the Assemblie. But if nather the king nor his commissioner
be present in the place of the Assemblie, then the proviso sayeth
expresslie, that it sail be leasome to the Assemblie, by themselves,
* to nominat tyme and place of the nixt Assemblie. But true it is,
1G06. OF THE KlUK OF SCOTL.VND. 449
that his Majestie could not, and his commissioner would not, be
present, but (as said is) voluntarilie removed himself, wliill the
Asserablie was continued to a certan tyme and place.
" 3. Lett it be supposed, it was an offence to hold and continue
the said Assemblie ; yitt it was not to be imputed unto us, becaus
we were but commissioners of sindrie presbytereis, wherunto, and
not unto us in particulai', the saids letters from the commissioners
at Edinburgh were directed ; which notwithstanding, the presby-
tereis sent us unto the Assemblie, and approved our proceedings
after the Assemblie. So that the presbytereis, (if anie,) and not
we, are subject to censure.
"All these allegatiouns notwithstanding, Mr Johne Forbesse,
Mr Johne Welshe, Mr Robert Durie, Mr Andrew Duncan, Mr
Johne Schairp, and Mr Alexander Strauchan, were brought
by the guarde from Blackenesse unto Linlithquo, there to be
arraigned upon Fryday, the 10th of Januarie last, before the
Secreit Counsell, of treasoun, becaus they declyned the judgement
of the said counsell, contrare to the said act of Parliament, anno
1584.
"The counsell first dealt with them instantlie to depart from
their declinatour, for his Majestie's satisfactioun. They were
willing, so that all proceedings might be holden pro deleto. Then
the counsell willed them to take advice of their brethrein, who
were manie, then and there mett together from manie parts of
Scotland. They did so, and at first found great difference of
opinioun ; for some thought it lawfull, and (in respect of incon-
veniences likelie to follow) verie expedient to depart from the
said declinatour. In the end, (with consent,) some of the minis-
ters were sent to the counsell, for eshewing the present perrell
of their brethrein, to crave leave for the prisoners to goe, and
conferre with the presbytereis, (wdiich sent them in commissioun,)
anent that raotioun, without whose advice they could doe nothing
in the said mater. This denied, it was thought by the whole
number of the ministers, that the prisoners could not passe from
their declinatour, without great prejudice to the kirk and kingdome
VOL. VI. 2 F
450 calderwood's historie 1606.
of Christ. Wherupon they were caried to the place of arraigne-
ment, and named for their prolocutors, Mr Thomas Craig, Mr
WilHam Oliphant, Mr Thomas Hope, and Mr Thomas Gray, who
had all promised to speeke for them. But the two former being
absentj were sent for, and refused to come. The other two, by-
evident reasouns, made the lawfulnesse of the prisoners their
proceedings manifest to the consciences of all. But the prisoners
themselves so cleered themselves and their cans, that their ene-
meis were astonished, their doubtful brethrein resolved, and everie
one that heard satisfied ; so that the king's advocat was putt to
his shift, namelie, to charge the assise onlie to find, whether the
prisoners had declynned the counsell's judgement or not, to which
purpose onlie he gave them proofFes. And the assise was so
troubled, that they would have beene ridde of the mater. But
that denied, and they enclosed, at the first they all would have
cleansed the prisoners ; which being signified to the counsell, they
willed the justice clerk, and Henrie Stewart, chanceller of the
assise, (in England called the foreman of the jurie,) to deale with
the prisoners, to see if yitt they could be made to depart from
their declinatour. Which being refused, they were sent backe to
the assise, to convict the prisoners, in respect it was his Majestie's
will, and it behoved so to be, for preparing way to their peace.
Wherupon it being voted, six cleansed, and the rest fyled the
prisoners, to the unspeekable greefe and miscontent of all men,
except, &c.
"But judgement was suspended till his Majestie's minde be
knowne ; whose minde, I hope, will be, to re-examine maters, or
to release the prisoners, least otherwise he be guiltie of innocent
blood, yea, the blood of the Lord's holie ones, (for suche are faith-
full ministers, in a speciall sense,) which is right pretious in his
sight ; and therefore he sayeth, ' Tuiche not myne anointed, and
doe my propheits no harme.' And the rather, becaus it is enacted,
11 Jacob. 6, cap. 91, that all assises (or jureis) be enclosed alone,
and no persoun to be suffered to be with them, nor to repaire to
them, under anie pretence what somever ; and that they be not
1606. OF THE KIRK OF SCOTLAND. 451
suffered to come out for whatsoever caus, till they, being agreed,
returne their answerc to the judge ; otherwise, or in cace anie
point of the said act be transgressed, the partie accused to be
holdin and pronounced cleere and innocent of the crimes and
treasouns then layed to their charge. Nay, though there were
no suche statute, yitt I hope his Majestic will take heed of suche
innocent blood, becaus I have experience of his naturall gratious
dispositioun. For howsoever incensed by suche as sought them-
selves, he made greevous lawes against the kirk, in anno 1584,
yea, so that he putt doun the presbytereis, and sett up bishops,
yitt upon better informatioun and consideratioun, he putt doun
Papall bishops, and sett up the presbyterie, as the ordinance of
God.
" Again, his Majestic being verie wise, can not but perceave,
how the titular bishops which he hath made, greeving that they
have a title without jurisdictioun, and the late commissioners of
the Generall Assemblie aspiring to that transcendent authoritie
which they see commissioners ecclesiasticall exercise in England,
under pretence of his Majestie's prerogative, use all the devices,
freinds, and meanes they can, to incense his Majestic against all
presbyteriall governement, especiallie the Generall Assemblie, which
holdeth all in all.
" Beseeking God to sanctifie and blesse his Majestie and his
royall issue, to justifie wisdome, and confort his people, I com-
mend this report to the reader, and him to the grace of God.
"From my chamber, the 21st of Februarie 1606."
For fuller answerc to this declaratioun sett furth by Mr Thomas
Hammiltoun, advocat, in name of the counsell, I have heere sub-
joynned the proceedings against the prisoners of Blacknesse, upon
the day of their assise and convictioun, as it was penned by them-
selves.
452 calderwood's historie 160G.
THE PROCEEDINGS AGAINST THE PRISONERS IN BLACKNESSE, UPON
THE DAY OF THEIR ASSISE, AND CONVICTIOUN, AS IT WAS
PENNED BY THEMSELVES, AND SENT TO THEIR FELLOW-SUF-
FERERS IN DUMB ART ANE.
" Grace, mercie, and peace, from God, the Father of our Lord
Jesus Christ, he multiplied.
" Our deerelie beloved brethreln, — "We receaved your letters ;
and as for informatioun of the whole historie, ye sail receave it in
full maner, as we can at this tyme remember.
" It was concluded the counsell day before, being Thursday, the
secund of Januarie, that we sould be putt to an assise, but yitt,
with suche secrecie, that we were not certane of it that morning
skarselie, that we were sent for. They caused other rumours to
be spread, wherefore the counsell was appointed at Linlithquo, as
though they had some other great purpose adoe, and that our
sending for was onlie but for a fashioun, to cover other things.
Alwise, it came to our eares, that suche a thing was concluded ;
but this was so shaikin by the varietie of reports, that w..s done to
cast us in a great securitie ; so that the brother who was the first
wairner of us did afterward write to us on the Wedinsday, that
nothing at all was to be done to us that day.
" Thus were we tossed continuallie, untill the night before, at
the which tyme we were surelie advertised, that we were to be
sent for. Alwise, after we receaved the first advertisement, which
was on the 3d of Januar, we wrote to Mr Thomas Craig, Mr Wil-
liam Oliphant, and Mr Thomas Hope, to come to us ; who, accord-
ing to our desire, came unto us on Wedinsday, being the eight of
Januar, who did for the space of two or three houres conferre with
us. The surame of wdiich conference was this : that suppose our
deid in holding the Assemblie was good, and the intentioun good,
and our consciences had a double benefite by the same, to witt,
both a testimonie of fidelitie on our pai't, and a good exemple left
1606. OF THE KIRK OF SCOTLANI>. 453
to others and to the posteritie ; yitt, propter majus honurti ecclesm, it
was expedient to us to passe from it, and to passe from the decli-
natour which we gave in from the defence of the same, to the good
which was alledged sould have come of this, which was earthlie ;
the avoiding of farther inconveniences which were to come to passe,
not onlie against us in our owne persons, and callings, and flockes,
but also against the whole kirk. For in our persons they assured
us that a preparatioun of condemnatour in this point would passe
against us, to the prejudice of the whole kirk ; and partlie, the
appeasing of the wrathe of the king, and the winning of him, and
keeping of him in our side, and the healing of the breake of the
kirk alreadie made ; and with manie other arguments to this pur-
pose, taikin from the fewnesse of our number that stood by it, for
the multitude of our wisest and gravest brethrein were against it.
As also, with * * * and that, in the name of him, who had
the full confessioun from his Majestic in this mater ; yee know the
persoun. That if we would without anie confessioun of offence, but
onlie submitt our selves in his Majestie's reverence, jjro scandalo
accepto, et non dato, and passe from the Assemblie and declinatour,
that we sould be restored to our rowmes, and all our charges
defrayed. The which were tentatiouns, especiallie these that had
the appearance of the weale of the kirk. Yitt it pleased our God
to strenthen us, and to overcome them, and sufficientlie to stoppe
the mouthes, and convict the consciences, that without iniquitie,
and betraying of the Lord's truthe and crowne, we might not onlie
doe the least evill for the appearance of never so great a good, but
not the appearance of evill which might offend the sancts of
God, or cans the adversareis to thinke, or give occasioun to speeke,
that in anie thing we had fainted from so high a point of the Lord's
glorie which was called in questioun. Which was not as they and
others tooke it, a thing indifferent, but an essential point of the
soverantie of Christ's royall crown and kingdom, and that, both in
authoritie of conveeniug his owne servants, when, where, and after
what maner it pleaseth him to doe his effaires, unto the which He
hud promised his presence : and in the authoritie of judgement of
454 calderwood's historie 1606.
all maters belonging to his kingdom both essentiall and accidentall,
from the which, we might not depart in anie jote, under the paine
of high treasoun against the Lord Jesus ; and whatsomever incon-
veniences was alledged to follow upon our defence, the Lord was
witnesse, and all his servants, we were not the cans of it, but
partlie the malice of Satan, and partlie the unrighteousnesse of
our brethrein, who with Demas had embraced this present world,
and were enemeis to the croce of Christ, and who had sold both
their hearts and tongues to unrighteousnesse, for the wages therof.
At last, it was they who were the true caus of it. The necessitie
was layed on us to defend his truthe, suppose our blood sould goe
for it ; and we had not warrant to looke for anie blessing, ather to
our selves or others, by omissioun of anie point of our duetie.
" And in these things was all our tyme spent with them. After
which, they went to Linlithquo that night, and desired us to send
them word on the morne, what our resolutioun was : the which we
did, showing them we Avere of the same minde that we were yester-
night ; and desired Mr Thomas Hope to come to us, who came,
and also Mr Thomas Gray came to us from Edinburgh, with whom
again we had a new conference upon the Thursday after noone ;
together with some brethrein that came to us, Mr Robert Colvill,
Mr Johne Scrimgeour, and Mr Robert Row, all faithfull brethrein.
The conference was on the same subject ; Mr Thomas Hope
affirming it was an indifferent mater onlie, and we the contrare.
And to confirme our purpose, beside other things, citing in that
mater Mordecai his doing, in that he would not give so muche as
the appearance of friendship or reverencing of that cursed natioun,
in the persoun of Haman, who was an Hagagite, against whom the
Lord had denounced an execrable sentence, notwithstanding of the
knowne and inevitable perrell in respect of men, not onlie to him,
but to the rooting out of the whole visible kirk of God under
heaven. The decree w^as made, and Mordecai knew it, yitt he
would not alter his purpose to take off his cap to him. Siclyke of
Daniel, who would not, notwithstanding he kncAv the king's decreit
to be irrevocable, doe so muche as omitt the meanest circumstance
1606. OF THE KIRK OF SCOTLAND. 455
of his wounted worship : lie would not close his windowes, he
would not change his statute tymes of praying, suppose the tyme
was not long, but threttie dayes ; and all becaus he Avould not give
the meanest circumstance of denying or fainting, in anie point of
his accustomed worship, notwithstanding of whatsomever incon-
veniences both to him and the whole kirk, and of whatsomever
appearand good which could come, ather to him or the kirk,
through the omissioun of it. For upon us onlie lyeth the caus of
doing of our part, and we sould committ the whole event of all
things to God. And if these men had beene in thir days, and had
so stand on suche points, what would our brethrein have said of
them ? They would have called them but men, being onelie one,
to witt, Mordecai, and one, to witt, Daniel ; both foolish, that for
indifferent things, cast themselves and the whole kirk of God in
suche danger. But these holie men of God are left for us, to be
exemplars, that not onlie in substance^ but in the meanest show or
appearance, we sould secme to faint from the meanest point of the
Lord's knowne truthe ; Avherof we are perswaded these points,
both of the authoritie of our Assembleis, and of the judgement of
them, and all things in Christ's kingdom, are the undoubted truthe
of God. And, therefore, lett men esteeme of us as they please,
we may not passe from them.
" And with these and other things our conference ended. And
at that tyme also, Mr Thomas Hope went backe again to Lin-
lithquo, so that we had not the tyme of conferring with him or
them, in anie points of our defences. That same night, Mr James
Melvill, Mr Johne Dykes, and Mr Wilham Murrey, came to us,
with whose fellowship we were greatlie conforted ; and after incaU-
ing of the name of God, we went to consultatioun what was to be
done, and how farre, for the avoiding of inconveniences, we might
condescend. Sindrie things were propouned, and left to farther
advisement till after supper, at which tyme we thought, that in
nothing we could give in conscience the appearance of anie thing,
seing it was but a show they sought, and for this end, that they
mijrht make their vantage of it against the truthe it sel'f, and that
45G calderwood's historie 1606.
tliereby our brethrein might be weakenned, through our exemple,
in the like cace. Therefore we thought it Avas our duetie to give
plenum testimonium, a full testimonie of the whole truthe, with all
boldnesse, if the Lord would strenthen us ; and to endure the
uttermost which man was able to doe to us, yea, even to the seal-
ing of it Avith our bloods, if the Lord Avould call us, and strenthen
us to the same ; calling to minde, that all the compositiouns that
ever have beene in the caus of God, have ever strenthenned the
enemie, prejudiced the veritie, fainted the weake, and were never
scene to this day joynned with a blessing in the end ; but by the
contrare, God ever cursing suche meanes, which w^ere not to walke
with right foote in the truthe of the Gospell. The which our reso-
lutions perceaved by our brethi-ein, especiallie our brother, Mr
James, it did greatlie confort him, affirming, that the caus that
made both at this tyme, and other tymes, so spairing in encouraging
and exhorting others to the croce, was the knoAvne infirmitie that
he had perceaved to be in the whole ministrie. And therefore,
better it were never to resolve, than afterAvard to fall backward ;
of the Avhich, he said, there was an evident testimonie of it in their
last Assemblie at Innerkething, so few being of resolute mindes to
beare the croce for the truthe's sake. And therefore Avas he so
spairing. But seing he saw the Lord had givin that full resolu-
tioun to beare whatsoever, for the defence of the truthe, according
to the measure of grace and strenth that the Lord Avould minister,
therefore was he presentlie conforted ; and greatlie confirmed us hi
bearing witnesse to the truthe of the things Avhich were spokin
before, and that the croce onlie sould give the victorie to the truthe ;
and that there was not a meane to overcome, but onlie by suffer-
ing, and all other meanes sould ever faint, and discourage, and hurt
the truthe.
" Thus, with this resolutloun, we went to rest, and on the
morne, betuixt five and six in the morning, the guarde came to us
with sound of trumpet to fetche us to Linlithquo. And this was
the first undoubted intelligence that we gott of our sending for.
And so, after incalling of the name of God, Ave Avent thither, and
1606. OF THE KIRK OF SCOTLAND. 457
that not without great peace and great joj, that the Lord our God
sould have accompted us worthle to suffer for his sake. Being
come, we were caried to the palace, to a chamber there, where
sindrie good brethrein, both for them and us, from Stirline, Mr
Patrik Simsone, Mr Henrie Livingstoun, Mr Adam Bannatyne ;
from Dumblaue, Mr Ninian Drummond ; from St Andrewes, beside
the three former brethrein, was Mr Andrew Melvill, Mr Johne
Carmichaell ; from Djsert, Mr Johne Scrimgeour ; from Dum-
fermline presbyterie, Mr Robert Colvill, Mr Johne Eow, Mr
Robert Heckling ; from Lothiane, Mr Michael Cranstoun, Mr
William Arthure, Mr Johne Ker, Mr Archibald Simsone, Mr
William Birnie. Out of Lanerk was there also, and some
brethrein out of Dumbartane presbyterie, and Mr Johne Bell of
Calder out of Glasgow, he was there also, and manie of the pres-
byterie of Linlithquo. Some of the brethrein, to witt, one of Lin-
lithquo, would have had us asking leave of the counsell to them, to
have conferred with us, and as he said, that at the least, it might
be. scene that they were not all of one minde. To whom it was
answered by another faithfull brother, that suche as were feared
to speeke with us, lett them seeke licence ; as for them, they were
nather ashamed of the caus nor of the persons.
"After our coraming, there were directed to us three Lords of the
Counsell, to witt, my Lords Newbottle, Quhittinghame, and Blan-
tyre, to conferre with us. Their purpose was, for the former reasouns
above specified, to passe from the Assemblie, and to take up our
declinatour ; with a promise to deale with the king for our libertie,
and that it sould not prejudge the caus ; and otherwise, the incon-
venience of our condemnatour and of the condemnatour of the caus,
which they assured us would undoubtedlie follow, and also, the
minassing of the king to the erectioun of bishops. To the which
we answered, as of before, that it was a needfull testimonie which
we gave, a needfull defence, a needfull duetie, and therefore could
not call it backe againe. We were not to avoid inconvenience
upon our selves, by doing of evill, nor yitt to thiuke that God
would come to us, or to the kirk, since the doing of evill has a
curse, and not a blessing, promised to it. The brethrein offered,
458 calderwood's iiistorie 1606.
that if the coimsell would delete the whole processe and dccreit
before standing against them, that then they sould passe from that
declinatour ; otherwise, they aflSrmed, that their passing from it,
their decreit standing against them, was to prejudge the caus, and,
therefore, they said they would not. The lords answered, that
the counsell could not annull that decreit, it being registred.
After this, beside the particular dealing with everie brother, by
suche as were of greatest acquaintance with them, and seing that
they prevailed nothing, they returned to the counsell again, and
therafter sent to us the second tyme the former persons, together
with their collector and advocat, to declare to us the king's minde,
and wherof we ^vere to be accused, to witt, of treasoun, and that
we would assuredlie be condemned in it, and the severitie of the
punishment following, beside the former inconveniences ; and,
therefore, desired us to take advice with some of the gravest and
wisest of our brethrein in this point. Unto whom we answered as
of before, affirming, that we were cleere and through in this mater
to endure by the Lord's grace the uttermost ; alwayes, we sould
seeke their advice, and send the lords our resolutioun, according
to the advice.
" Upon the which they removed ; and first were lett in to us Mr
Andrew Melvill, INIr James JNlelvill, Mr Patrik Simsone, Mr Johne
Carmichael, Mr Johne Dykes, Mr Archibald Simsone, with some
others, to whom the mater being expouned, their advice was, that
they sould goe to the counsell, and seeke libertie to their brethrein,
to goe to their owne presbytereis and synods who sent them, to
seeke their counsell, seing the mater ^vas of suche importance, as
belonsfed to the whole kirk in this land, and the brethrein sufferers
were onlie commissioners. And therafter, the whole brethrein, to
the number of threttie, were called in, and after incalling of the
name of God, the mater was exponed de novo to them all, and all
resolved in the former advice. Upon the which, they directed Mr
James INIelvill, Mr Patrik Simsone, Mr Johne Carmichael, Mr
Andrew Melvill, and Mr Adam Bannatyne, to the counsell, for the
same, to whom they propouned. It was alluterlie refused, soe that
either at that tyme it behoved the declinatour to be taikin up, or
1606. OF THE KIRK OF SCOTLAND. 459
otherwise, the present assise to goe fordward. This the brethrein
reported again to us, and the rest of the brethrein that were with
us, and then came in consultatioun what was nixt to be done ;
whether ^;ro tempore et loco the declinatour sould be taikin up or
not, seing there was libertie to a man to use his defences. It was
reasoned, it was ah^eadie done, and the testimonie was givin, and
so it could not be called backe again, without a manifest prejudice
to the truthe, and that there would not be a vantage taikin of it.
At last, it was fullie resolved by all the brethrein, all with one
heart and voice, except Mr * * * allanerlie, who said Ave might
take up, and the rest of the brethrein who were there might come
in, and take instruments, that it sould not be prejudicial! to the
truthe and libertie of the kirk, our particular deid. Unto whom
it was answered by another brother, that this were to committ us
and the rest of the brethrein togidder, we, to doe one thing, and
they, by their deid, to doe the contrare ; and so this reasoun was
satisfied. So it was fullie resolved by all, with one heart and
voice, to stand by it, and not by some of the brethrein, to take it
up. And then, by the way, was spokin, of the ignorance of some
ministers, that could never thinke Christ's kingdome yitt an essen-
tiall point, and that discipline was als essentiall to our ministrie, as
the preaching of the Word and administratioun of the sacraments ;
and, therefore, they being so ignorant, no mervell that the people
tooke these maters as things indifferent : and, therefore, were
exhorted to thinke otherwise of Christ's kingdome, and to take it
more deepelie to heart.
" And with this the guarde came for us. And so, after prayer,
we went to our pannell, where we found present, Lords Dumbar,
Montrose, Marr, Newbottle, Glames, Blantyre ; Chanceller, Presi-
dent, Elphinstoun, Linlithquo, Abercorne, Comptroller, Halyrud-
hous. Collector, Sir Robert Melvill, Kilsyth, Elphinstoun younger,
Lord Privie Scale. And being called, it was inquired of us, whom
we would make our procurators ? We answered, ' Mr Thomas
Craig, Mr William Oliphant, Mr Thomas Gray, Mr Thomas Hope.'
The former two were called upon, but came not. After, it was
460 calderwood's historie 1606-
desired they sould be sent for. Being sent for, they refused to
come. The truthe was, (and as some affirme,) they were discharged
by the chanceller to speeke for us. So there were none to speeke
for us but Mr Thomas Hope and Mr Thomas Gray.
" Our dittay was read, which was this : Our treasonable decHna-
tour of the counsell's judgement, grounded upon the act of Parha-
ment, 1584. Our declinatour subscribed produced, the procurators
desired warrant of the counsell to procure. It was long er they
would make an act of it. At the last, knowing that fyve of us
were at the borne, and therefore not leasome to procure for us
without warrant of the counsell, the judge and counsell declared
their licence in that point. In his answeres, first, there was
reasoning. Nixt, being perceaved that the advocat dytted his
answeres, and desired the clerk to write them, it was desired like-
wise, that their reasouns might be writtin, both in reasoning and
dytting. The Lord greatlie assisted the procurators, who to the
astonishment and convictioun of all, especiallie Mr Thomas Hope,
did in great modestie, great libertie, and with great obedience,
secunded weill by the other also, Mr Thomas Gray, who was not
ashamed of the testimonie of Christ, but gave and witnessed a
good confessioun of our cans, and of the libertie of Christ's king-
dome in great libertie. First, they pleaded, that we could not be
putt to the tryell of an assise, becaus we were not lawfullie wairned
of before, whereby we might have beene sufficientlie informed,
both of our dittay, and of our defences ; we being no wise
privie to anie suche thing, but brought furth on a suddane to
the same, the which could not stand with the law, appointing
so manie dayes to be givin to him, upon the which he is to be
sumniouned. But this was repelled, and some practises in the
contrare alledged, in the which, the judge did greatlie bewray
himself : first, tauntinglie bidding the advocat produce a practise
of it. Therafter, an exemple being produced, he answered, ' I
knew a dossoun of suche practises in the contrare.' And so,
that was repelled also. The advocat desired the Lords of the
Counsell might be joynned with the judge as assessors, the which
1606. OF THE KIRK OF SCOTLAND. 461
was granted. And therefore the judgebeing Mr William Hart, when
the mater was come to interlocutors, he gathered the votes on the
one side, and the chanceller on the other side, desiring our procura-
tors to remove a little, and so rounded their votes; and the chanceller
was the mouth to the one side, and declaired them to the judge.
'' The which forme by manie was thought strange, that in their
interlocutors there sould not have beene free and publict reasoning
by the judges, of the reasouns of both the parteis, that ilk one
might have heard another, and be informed one by another, and
then a publict and opin voting, that everie man's suffrage and vote
mio;ht have beene knowne to all. For seino; in maters of lesse
importance, and it were but of a twentie pund mater, this forme
of publict reasoning and voting is keeped, how muche more in so
grave a mater as this was, not onlie of the lives of men, but of
suche as were the servants of Christ, and ambassaders of the great
God, and that in so grave a mater as concerned so highlie the
crowne and kingdom of Jesus Christ ? Alwise it is some confort to
us, that in this we are conformable to the Head and to his mem-
bers, with whom, not so muche as the commoun forme keeped to
all men, yea, to the greatest malefactors, Avas keeped to us. But
in this actioun, it has beene so from the verie first tyme that ever
we were called, to this last tyme. The tymes of the counsell were
changed for our caus, and holdin at six and seven in the morning,
a thing unaccustomed before. A few onlie were present of the
lords who first imprissouned us, to witt, suche onelie as were offi-
cers of state, as a nobleman compleaning of the informalitie, so
named them, and a composed counsell of bishops and ministers with
them ; suche a counsell, as has nather warrant from God's law nor
from the lawes of the land. Upon the which this confusioun now
is come, that the spirituall men have brokin their limits, and
medled with the civill authoritie, and givin out both sentence
condemnatour against us, and sentences of punishment ad carcerem
usque. The civill judges again have brokin their bounds in con-
demning, as in the effaires of our calling, and punishing us for that
which belonged not to them to judge.
462 calderwood's historie 1606.
" But this by the way. I returne now. Aftei' this was repelled,
sindrie other alledgances were glvin why we sould not be putt to
the tryell of an assise, the which, becaus they are writtin, and if
the extract of them can be had, I would yee had them. The
summe was this : First, that this declinatour was not against nather
the title and intentioun of the law, which was onlie against suche
as did derogat to his Majestie's royall authoritie. But this declina-
tour did not derogat against his Majestie's royall authoritie, leaving
full to him his owne soverantie. Secundlie, that the law was onlie
against suche as were summouned de inquirendis. But it was not
so heere against us ; for there is a deid and actioun wherefore we
are accused, and committed to prisoun, and therefore it could not
strike against us. Thridlie, all defences, seing they are de jure
naturali et communi, God, and nature, and all lawes, permitting
lawfidl defences, and seing this declinatour was propouned onelie
by way of defence, therefore it can not be compted treasoun.
Fourthlie, omnis lex odiosa est restringenda, non amplianda. But
this law having the penaltie of treasoun is odiosa, and therefore
sould not be enlarged, but restricted. And seing this law for-
biddes all declinatours ; therefore, all declinatours of the king's
Majestic, or Lords of Secreit Counsell, can not be compted trea-
sonable, seing it was both lawfull, and in practise continuallie, that
in sindrie causes his Majestic and Secreit Counsell have beene
declynned ; as in maters civill to the sessioun, in maters criminall
to the justiciar, in maters of divorcement to the commissars; and
the meannest regalitie has power to declyne supreme justicers, by
vertue of their regalitie. Therefore, all declinatours of his Ma-
jestic and Secreit Counsell are not treasonable, and the violatioun
of this law. And this was verified by sindrie practises, and by the
late practise of the Erie of Orkney declynning the judicatorie of
the Lords of Secreit Counsell in a mater wherof he was accused,
the which was admitted as lawfull ; and, therefore, &c. Farther,
the declyning of a lawfull judicatour claming to another lawfull
judicatour can not be compted treasonable, as was verified before.
But this declinatour, it was of a lawfull judicatour, in a mater not
1G06. OF THE KIRK OF SCOTLAND. 463
belonging to them, to witt, in the judging of the lawfulnesse or
unlawfulnesse of a Generall Assemblie, unto another lawfull judica-
tour estabHshed by the laAv of God, and lawes of the reahne, that
is, a Generall Assemblie, which is a lawfull judicatour according
to God's "Word, established by the lawes of the realrae, and
practise in this land. And, therefore, this declinatour can not by
this laAV be compted ti'casonable. Fyftlie, and last of all, was
alledged the act of Parliament 92, which derogateth to the former
act, citing it in expresse termes, in so farre as was prejudiciall to
the offices and office-bearers in the kirk in the heeds of religioun,
maters of heresie, excommunicatioun, collatioun, and deprivatioun
of ministers, and all others suche like essentiall ecclesiasticall cen-
sures warranted by the Word of God. And seing the Generall
Assemblie was an essentiall ecclesiastick censure w^arranted by the
Word of God, therefore, in that point, by vertue of that posteriour
act, it was lawfull to declyne, without the prejudice of that former
act, forbidding it under the penaltie of treasoun. Farther, it was
reasouned, that this declinatour could no Avise be compted treason-
able, and that, by that former law, seing the lawes of the realme
had not judged suche a deid to be treasoun, but onlie forbidding
suche a thing under the paine of treasoun. And there was a great
difference betuixt the qualitie of a fact, and the penaltie annexed
to a law forbidding suche a fact. So, seing the qualitie of this
fact by the lawes of this realrae is not judged treasonable, but the
most is, that the law makes the penaltie of it to be treasoun,
therefore, the dittay can not be treasonable, as is indytted ; and,
therefore, we sould not be fyled with an assise of a treasonable
declinatour.
" This w^as the summe of the reasoning so farre as I could
remember. This being dytted, and the advocat making his replyes,
which in the consciences of all did not answere nor elevat the
meanest of these reasouns, for the evidence of convictioun was
great, and the advocat eshewed the answere to the substance of
the reasouns ; and especiallie, he answered nothing at all of sub-
stance to the posteriour act of parliament, but past it over slen-
4G4 CALDER wood's historie 1G06.
derlie without anie answere at all to it. At the last, after he had
dytted his answeres, all were putt to the interlocutor, after the
forme that I shew you before.
" But before the pronouncing of the interlocutorie, becaus some
might have offended at the word ' simpliciter' in our declinatour,
wherin we say that we declyne the judicatour of the Lords of
Secreit Counseil simpliciter in the caus foresaid, as though we had
declynned simpliciter their judicatour, therefore we explained it,
and shew unto the lords, that in all civill maters, als farre as anie
other subject of the land acknowledged his Majestie's authoritie,
and the authoritie of his Majestie's Secreit Counseil, als farre did
we acknowledge, and with all reverence submitt our selves to his
soverantie, and the judgement of his Majestie's Secreit Counseil,
in all maters that anie subject did, or would, or could doe. But
as for the effaires of Christ's kingdom, and ecclesiasticall effaires,
which God has distinguished from the former, wherin we sould
declyne, and lawfullie did declyne, the judgement of anie civill
judicatour to cognosce and judge of them, seing Jesus Christ
allanerlie, as he is the onlie King in his kirk and kingdome, so, to
him onlie, in his kirk and kingdom, apperteaneth the judicatour of
all things belonging thereto. Yea, this has beene the px-actise of
all Christian emperours and princes, as they judged of civill effaires
by civill pex'sons, so, in ecclesiasticall effaires, they judged with the
kirk, and as members onlie of the kirk. So that, as civill effaires
sould be judged by the king and civill persons onlie, so, ecclesias-
ticall effaires sould be judged onlie by the kirk, and with the king,
as a member onlie of the kirk. And therefore we shew, that by
this declinatour we did no prejudice to the king's Majestie's royall
authoritie, and his counselfs, submitting our selves Avith all reve-
rence unto his Majestic, and that is onhe reserving the judgement
of maters belonging to our office unto Christ and his kirk allanerlie.
And we shew there a supplicatioun givin in before our declinatour
did sufficientlie cleere this mater; the which also we produced,
and gave in to the clerk.
" So, after all this, at last the interlocutor was produced by the
1606. OF THE KIRK OF SCOTLAND. 465
judge, that all the exceptiouns allcdged were repelled, and found
irrelevant, and that by all una voce : the which hearing, my Lord
Halyrudhous and collector answered, ' Say not so, my Lord.' Unto
whom the judge replyed, ' Na, we are honest men, as yee are ; and
not my name onlie, but the names of you all sail be inserted ad
perpetuarn rei memorialing My Lord Chanceller said also to the
collector, ' My Lord, that neadeth not.' Kilsyth also spake to my
Lord Elphinstoun to say somwhat, but all keeped silence. Alwise
the word is, and some of the counsell have reported it, that there
was never man consented to this interlocutor, but onlie my Lord
Dumbar president, chanceller, Montrose comptroller. Whether
this be true or not, we know not. But if it be true, then both
there is wrong done to the rest of the Lords, and also they them-
selves, by their silence afterward, suppose they did not consent,
yitt have approved it, and so their silence makes them all guiltie.
" After this interlocutor givin, the assise was called and sworne.
The persons are these : — the Lairds of Dunipace, Keir, Garden,
Sauchie, Pantoun, Livingstoun, Robert Livingstoun of West-
quarter, Cragiehall, Marke Swintoun, a knowne Papist, Polwart
Hume, Northberwick Hume, James Gib of Caridden, the Laird
of Broxmouth Hume, Gawin Hume of Johnscleuche, Thomas
Hume of Rentoun, Hume of Deanes. A number of them were
faithfull and honest men. After they were admitted and sworne,
the dittay is read unto them, and the advocat declaireth that the
assise has no more to judge of, but onlie of the deid, whether we
had declynned or not ; and, for the verificatioun of the deid, pro-
duceth our subscribed declinatour, which we in judicio acknow-
ledged to be ours. As for the rest, the judges had alreadie decerned
it that it was treasoun, and therefore belonged not to them dejure
facti, but onlie de nudo facto ; not of the right or wrong of the deid,
but of the bare deid it self. It was answered, that suppose the
judge had repelled all alledgances and exceptiouns, wherefore we
Bould not be putt to an assise, not onlie to try the deid, but the
qualitie of the deid, seing it was not the bare deid that was all our
dittay, but the qualitie of our deid, that it was a treasonable
VOL. VL 2 G
466 calderwood's iiistorie 1606.
decHnatour, and therefore it behoved them to cognosce of the
qualitle of it, whether it Avas treasonable or not. And it was said,
that that was a strange forme of judicatorie, first to condemne our
fact, er ever it was tryed ; and us to be tratours, er ever the deid
was tryed. And surelie, if this had beene true, wherefore sould
we have beene putt to an assise ? The lords themselves pronounced
the doome against us. For the declinatour, we denied it not ; but
the thing which was denied was, whether it was treasonable or
not. After this, the judge keeping silence, and not willing to putt
the assise out of doubt concerning this mater, it became them to
trie, but onlie I'eferred to the clerk to tell them ; wherin the par-
tialitie of the judge was manifest, that would not make it plaine to
the assise what it was they sould cognosce upon. The which also
was the cans that made some of them, and by name the Goodman
of Berwick, to vote, that he fyled us.
" Then, after this, we spake the assise ; first, INIr Johne For-
besse, after the exhorting of them to take heed to that which they
were about to doe, first cleered us of suche calumneis as were
layed to our charge, as the contempt of the king's letters, the
letter of the counsell, and the letters of the commissioners ; and as
to the letters of horning, deposed and attested in most solemne
maner, that as we sould answere to God in that great day, directlie
nor indirectlie, by Laurestoun nor no other, did we ever heare of
their charge that was alledged givin the Moonday before. And
where the advocat replyed what was the cans that they were not
sought to be improvin, it was answered, that it was sought by our
bills, but they were ever cast over the barre, and could never be
heard. And becaus the advocat pretended ignorance of it, it was
replyed that he could not be ignorant of it, seing that it was one
of the reasouns Avhich we gave in to the counsell to cleere the
equitie of our cans, after our declinatour was givin in ; and that
our persons were holdin in suche straitnesse and captlvitie, and
our bills never answered, that we could never have the occasioun
of a tryell of the falsehood of that charge ; and as for the coun-
scll's letter, it was true that it was receaved and read, and in a
1606. OF THE KIRK OF SCOTLAND. 467
part obeyed, so farre as might be, without the hazard of our con-
science, and the hurt of the libertie of the kirk ; for no more was
done there but the appointing of a new day and place of the nixt
Asserablie, which ather it behoved us to have, or elHs the Assem-
blie would have deserted ; and we could not have beene answerable
to our presby tereis and synods who sent us, if we had done so. So
that a necessitie w\as layed upon us to doe that which we did.
And wheras the counsell's letter sould have beene compted con-
temned and disobeyed, lett you, my lords, see to it, that yee bring
not in suche a preparative, as that the refusall of a missive letter
sould be reputed disobedience : as for us, Ave cannot so esteeme of
it. And as for the commissioner's letter, by a plaine law made at
the last Assemblie holdin at Halyrudhous, Avhere his Majestic was
present, they wei^e discharged and inhibited to alter or change the
dyets of a Generall Assemblie, and ordeaned that they sould be
keeped in all tymes therafter, according to the lawes of the kirk,
and acts of Parliament. Sua, that all power Avas taikin from them
by a plaine law, to alter or change the dyet of the Generall Assem-
blie, and the act was produced. And therefore why sould we be
charged with disobedience becaus their missive letter Avas not
obeyed ? But I see Ave must beare the punishement of their ini-
quitie ; for it is they Avho, by their crooked courses, have brought
in all this upon the kirk. What a strange thing, therefore, is this,
that we sail be punished who have done nothing but according to
God's Word, lawes of the kirk and of the realme ? And Ave onlie,
in doing of our duetcis, to be reputed the cans of all these evills ;
but it is they Avho have incensed his Majestic, and is tlie fountaine
of all these things. Therefore [they] desired the assisers, in the
name of the great God, as they Avould be ansAverable to him in
that great day, that they Avould take heed what they did, and that
they Avould remember that oath Avhich they made in that Con-
fessioun, Avherin they were sworne to mainteane the discipline of
the kirk, under the paine of eternall condemnatioun.
" After he had spokin, another brother speeketh unto them, the
effect whereof was this : First, shewing that there Avere manie of
468 calderwood's historie 1606.
us, whose faces they had never seene before, and that they sould
now take good heed unto that which they were about to doe ; and
as for persons, they were not muche to be regarded : alwise, we
were their brethrein in Christ, and bound with them in the same
fellowship of the Gospell ; and had found this mercie of God, to
be the servants of Jesus Christ, howsoever men esteemed of us ;
yitt, in his sight, and before the Lord, we were no lesse nor
ambassaders of the great God, careing the message of death and
life, of salvatioun and condemnatioun, unto his people ; and there-
fore, whatsoever thing was done to us, sail be accompted as done
to himself. We say, therefore, unto you, as Jeremie said unto the
princes, as he was standing before them, accused by the preests
and propheits, as we are this day, ' We are in your hands now, to
doe unto us as it sail please the Lord our God to direct you to doe
this day ; but know, for a certaintie, that if ye condemne us, yee
gall bring innocent blood upon yourselves, and upon this whole
land. For of a truthe, the Lord has sent us, and Ave have done
no iniquitie, nather is there anie unrighteousnesse in our hands.'
As for this mater wherof we are now accused, and of the which
yee are to be our judges this day, we speeke unto you the truthe
in the sight of our God, that in this point we are throuchlie and
fullie resolved, that it is the undoubted truthe of God, and that it
belongs to the crowne and kingdome of Jesus Christ ; and we are
not solicite in this mater. For we have come out this morning to
this tribunall with greater joy and gladenesse, nor ever we came
to meate and drinke, when Ave were hungrie and thirstie ; and are
resolved so in the truthe of it, that we are readie (if so the Lord
sail call us, and strenthen us) to scale it up with the testimonie of
our blood. And this our resolutioun is nather yesterday nor the
day ; for the twentie-foure Aveekes of our imprisonment might have
givin us sufficient tyme and leasure to have thought upon the
weightinesse and gravitie ; and howsoever manie thinke it but a
thing indifferent, yitt it is not so in our conscience, but a maine
and essentiall point of Christ's kingdome. The mater, therefore,
wherefore we are accused this day is, the declynning of the coun-
1 606. OF THE KIKK OF SCOTLAND. 469
sell's judgement, in the mater of the lawfulnesse and unlawfulnesse
of our Assembleis, grounded on the act of Parliament 84 ; the
which act is exprcsslie derogated by the posteriour act, 92, where
there is expresslie affirmed, that it sail not be prejudiciall to the
spirituall offices and office-bearers in the heeds of religioun, and all
Buche like essentiall and ecclesiasticall censures warranted by the
Word of God, under the which, this mater of the lawfulnesse and
unlawfulnesse of the judicatour of the Generall Assembleis is com-
prehended ; it being a maine heed of religioun belonging to the
kingdom of Jesus Christ, of whose royall prerogatives this is one,
that He onlie sould be Soverane Judge in all the maters belonging
to his kingdome, and that in and by his kirk. For as we have
our callings and offices of Illm onlie by the kirk, so sould we be
judged in all the dueteis of our office onlie by him in his kirk.
And seing parliaments, counsells, and all civill judicatours, belong
onelie to the royall crowne of a worldlie king, and to the libertie
of a worldlie kingdome, and the judgement of all civill judicatours
belongs onlie to the king and kingdome wherof they are ; even sa,
all the meetings, conventiouns, and assembleis of the kirk, which
is the kingdome of Christ, wherof our Generall Assembleis is one
of the cheefe, belongs essentiallie to Christ's royall authoritie, and
to his kingdome, and the judgement of all his assembleis and con-
ventiouns ; and so, consequentlie, of a Generall Assembllc, belongs
onlie to Christ Jesus, the onlie King, in and by his kirk : and as
civill effiiires sould be judged onlie by civill persons, so, spirituall
and ecclesiasticall effaires onlie by spirituall persons ; and that it
is comprehended under the essentiall and ecclesiasticall censure
warranted by the Word, It being the cheefe of our conventiouns,
wherin our discipline is exercised, warranted by the Word, and
long in use and custome practised, er ever there were a law made
for the establishing of it. So that the Generall Assembleis being
the princlpall conventiouns wherin our ecclesiasticall censures are
exercised, and the judicatour of the laAvfulnesse of a Generall Assem-
blie, by an ecclesiasticall censure and judicatour of necessitie; by the
same law, the declyning in this point cannot be compted treasoun
470 calderwood's historie 1606.
by the former law, it being so evidentlie comprehended within the
exceptioun of the posteriour law, that has expresselie derogated to
the former. And yee have to know, that this forme of declyning
is no new thing, nor unaccustomed thing, in this kirk, as that we
were the first that had done this ; and that we onlie were of this
judgement, that civill judicatours sould be declyued in ecclesiasti-
call maters ; na, we are not the first that have declyned the coun-
sell. There was a declinatour before us, of his Majestic and Lords
of Secreit Counsell, the which was subscribed by the whole minis-
ters of the whole kirk in this land almost, who were actuallie in
the ministrie therin, to the number of foure hundreth ministers or
thereby ; yea, these same bishops of ours, and commissioners, who
now are the cans and fountaine of all our troubles. For it is they
onlie who are the cheefe cans of all these things ; and upon them
doe we lay heere the burthein of all these evills that we have suf-
fered, or sail suffer, and of all the hurt that hath, or sail come to
the Kirk of God. They also have subscribed the same declinatour,
and their subscriptiouns are yitt to the fore, and we have them in
readlnesse to produce, to witnesse to their faces, that same cans for
the which we suflfer now ; not onlie all the whole ministers, by
their subscriptiouns yitt extant, but also they who now are our
enemeis, by their hand writts yitt extant, approved and justified
the lawfulnesse of our declinatour, in declyning the civill judica-
tour in maters spiritual!. So that there is a mater belonging to
the whole kirk, which the whole kirk has approved, which our
enemeis have approved, by their hand writts, which was done
before us. And therefore, yee sould greatlie take heed to this,
who are to judge of this mater, \vhether or not such a deid be trea-
soun, which so manie have approved by their subscriptiouns ? And
there is a thing in special! which is to be considered, which our
brother before made mentioun of, to witt, of your solemne oath in
the Confessioun of Faith, whereby yee are bound, not onlie to the
confessioun of doctrine and discipline, but also to the maintenance
of it all the dayes of your life : and therefore, I will read heere the
v.ords of it to you, so farre as concerneth that mater: ' Unto the
160G. OF THE KIKK OF SCOTLAND. 471
which kirk we joyne our selves willinglie, in doctrine, faith, reli-
gioun, discipline ; promising and swearing, by the great name of
the Lord our God, that we sail continue in the doctrine and disci-
pline of this kirk all the dayes of our life, and sail mainteane and
defend the same, according to our power and vocatioun, under the
paines conteaned in the law, and danger of God's fearefull judge-
ments in this world, and of eternall damnatioun of soule and bodie
in that great day.' The which, not yee onlie, but we and yee, my
lords, and the king's Majestic, and all estates in this land, are
bound unto. Now, our Generall Assembleis, and judicatours of
the kirk, is a principall part of this discipline, so that we are bound
to the maintenance of this, under the paine of eternall damnatioun,
and yee also, under the same paine. And therefore, heere now I
testifie unto you ; for now may we speeke unto you, because we
will not have occasioun afterward, that seing yee are bound by
this solemne oath to the maintenance of this discipline ; and this
wherof we are accused, and wlierof yee are now to judge, is a part,
that yee would take good heed what yee doe. For we testifie
unto you before God, and Jesus Christ who sail judge man and
angell in that great day, and before whom yee must be judged,
that yee would bewarre in this mater, and bring not innocent
blood upon your selves.
"After the which speeche, Mr Johne Forbesse added farther,
turning his speeche unto the lords, saying, ' My lords, I remember
that historic of the covenant that Josuah and the princes of Israel
made with the Gibeonites, a people which, by the Lord's com-
mandement, were appointed to be destroyed, which came unto
them, and fained themselves to be strangers dwelling in farre coun-
trie ; with whom, Josuah and the princes (not having consulted
with the mouth of the Lord) made a covenant, that they sould
not doe. The which, when it was knowne afterward, that they
were of that people that the Lord commanded to destroy, the
people came to Josuah and the princes, desiring of them that they
might be destroyed : unto whom they would not consent, becaus
they had bound themselves by an oath unto them, the Avhich they
472 calderwood's historie 1606.
might not violat. After this, about 400 yeeres, Saul, the first
king, for the zeale of the people of Israel, he destroyed them ; and
after his death, the Lord, for the violating of that truthe, brings
foure yeeres' famine upon Israel, in the dayes of David ; and when
the caus of it was enquired at the Lord, the Lord answered, that
it was for the bloodie hous of Saul, for destroying the Gibeonites,
contrare the oath made. They being called by David, and desired
to tell what they would have done, that the wrathe of the Lord
might be pacified ; [they required] nothing but seven of his poste-
ritie that did it to be hanged up before the Lord. The which
was granted, and so the wrathe of the Lord pacified. Now, I
pray you, my lords, and especiallie you my Lord Dumbar, that
has his Majestie's eare, that yee wull tell him, In the name of the
Lord, that his solemne covenant and oath which his Majestie has
made, which all yee my lords have made, and all the whole land,
for the maintenance of this discijiline, that the violatioun of it sail
bring the judgement and wrathe of God upon his Majestie and his
posteritie, upon you, my lords, and the whole land : and, therefore,
heere I in the name of the great God testifie unto you, that this
solemne covenant be not brokin ; and for your farther informatioun
in the same, I would read yitt that which followes : * «
* * So take heed to yourselves, that yee bring not the
vengeance of God upon the whole land.'
" After the which speeche, the advocat replyes and declairs, first,
the knowledge, wisdom, equitie, integritie of the prince. Nixt, he
aggredgeth muche that disobedience of ours to his Majestie, and
then declairs the counsell's lenitie tOM^ard us ; and now, in the
last point, in offering to us this libertie to passe from our declina-
tour : therefore exhorts the assise not to give credit, or be per-
swaded by our speeches. Unto the which it was answered, that
howsoever my Lord Advocat called them but twelve or thritteene
weekes imprissouned, yitt we kend them better, having the expe-
rience of the difficulteis in them, and, therefore, remember better
how raanie they were, to witt, moe than twentie-foure weekes
1606. OF THE KIRK OF SCOTLAND. 473
imprissounment. And as for lenitie of the counsell, our bills were
never heard, but rejected continuallie ; our imprissounment some
tyme so strait, that we were excluded from all societie, both
amongst our selves and others. And as for contempt, our dis-
obedience was none, as was answered before the rest of our breth-
rein ; and by name, Mr Robert Durie, in his owne name, and name
of the rest, testified, that they continued and approved all that
their brethrein had spokin of before.
" After the which reasouning, Polwart, one of the assise, desired
licence to speeke, and desired to be remitted oiT the assise, in
respect that the mater was of suche weight ; and the like also
did Dunipace, confessing his simplicitie and ignorance ; and
desired at the least, that men of knowledge might be joynned
with them, and that some learned men might have licence to
come reasoun with them. Polwart siclyke would have had it
delayed whill the morne ; but all this was refused. Northber-
wick desired the judge to lett them know, what it was which was
putt to their tryell ; whether the bare deid, or the qualitie of the
fact ? The judge gave him no answere, but referred him to the
clerke to informe him. And therafter, the assise is removed, and
Craigiehall is made chanceller. Of whom it is reported, that
when they had cryed on him, and continued in crying, that he in
his comming sould have said, ' Weill, they would have me upon
the assise : then, I vow to God heere, I sail clenge them ! ' What
slight there was, both in choosing the assise, so raanie Humes on
it, and making him chanceller, we know not : alwise it may be
that God [will] bring to light afterward. Alwise, the mater is
reasouned among them, and Dunipace, with great knowledge,
libertie, and boldnesse, reasouned it fullie with manie obtesta-
tiouns ; declairing, that God was looking on them, that they
would be judged one day again, that for all the king's pleasures
under heaven, yea, for a world, he would not condemne us. God
was greatlie in him, for we have it of suche as heard everie word
and vote amongst them. At the last, they were once so farre
moved, that they were resolved once to have cleansed us. Word
474 calderwood's histokie 1606.
of this is sent doun ; and some of the coiinsell comes to them, and
reasouns with them, as we are informed : promises are made, that
it sail never harme us, nor prejudge us the caus. Upon the which,
sindrie being perswaded, at the last thej resolve to send to us some
to see if we would passe from our declinatour, yitt assuring us it
would goe against us.
" The persons that were sent were the justice clerk and Craigie-
hall the chanceller. They propouned to us. We answered, first,
if the counsell first would goe from their decreit j^ast against us in
prejudice of the caus, and annull that, and restore the caus to the
first integritie, we were content to passe from it. Nixt, Ave shew
them, of the advice and desire of our brethrein, which was before
we entered, that we might have licence to advise with our presby-
tereis and synods in this mater ; for being commissioners, and the
mater belonging to the whole kirk, we could doe nothing in it of
our selves ; and desired them to consider of it gravelie. As for us,
we were resolved through His grace to scale it with our bloods,
and therefore told [them that] none of the former two things could
be granted by them ; so [let them] doe as they would be answer-
able to the great God. And farther, there was a comraissioun
givin by one of the brethrein to the justice clerk, charging him by
the great God that he would tell it to the assise, before the writting
of it, that if they condemned us, seing in the sight of God we are
innocent, that not onlie sould our innocent blood cry against them,
to be layed upon them and the whole land, but also, upon them
sould come all the righteous blood that ever was shed, from the
blood of Abel the righteous unto this verie tyme ; and the ground
of all this was the testimonie of our Lord in Matt, xxiii.
They returne, and goe to voting, in the which there be six that
clenge, and eight that fyle, with the chanceller. There is great
rumours of it, there has beene no rest, no, not in them that clenged
us, becaus they were upon that assise where we were fyled. Keir
testified he gott no rest all that night. Thus they returned, and
the clerk also, astonished with it, that he could skarselie produce
it. Alwise it Avas produced, to the great astonishment of all, de-
1606. OF THE KIRK OP SCOTLAND. 475
teasting greatlle the iniqultie of it ; the sentence of the punishment
referred to the king, and we ordeaned to returne to the palace,
where there we were keeped by foure or five of the guarde, that
none miffht come to us nather that nioht nor the morne. The
assise continued till ten houres at night.
" Heere we have the conformiteis to marke : Christ was betrayed
by them that had their hand in the plait Avith him ; so were we
by our brethrein. They said, it behoved the king ather to take
some order with us, or ellls there was no life for them ; for they
would be stained^ out of the countrie, milesse we were ordered.
He was taikin in the night ; we were fetched in the night. They
came to him with staves ; they come to us with a guarde. He is
first condemned by an ecclesiasticall judicatour ; so were we first
condemned by an ecclesiasticall judicatour of our late commission-
ers, who tooke upon them to condemne our Assemblie. Witnesse
the king's Majestie's proclamatioun yet extant, testifeing that the
commissioners had condemned it. After, he w^as judged and con-
demned by the secular judge ; so were we. He was condemned
in the night ; also are Ave : for it being a Avorke of darkenesse, the
tyme behoved to be the tyme of darkenesse.
'' After this, on the morne, we were remitted all together to
Blacknesse, to closse imprissounment, that none sould have accesse
to us, Avithout speciall licence of the counsell. It was also
ordeanned on the morne, that Mr Johne Forbesse and I sould be
transported to Huntingtoure, under keeping of the comptroller.
AlAvise, for the present, yitt we are heere. And this is the true
historic, so fiirre as we remember, of the whole proceedings.
" As for our estats, never had we suche peace nor rest since ever
Ave kncAv Christ, and never had Ave suche experience of true joy ;
so that Ave see it is good to suffer for Christ. The experience of
joy makes us Avilling with gladnesse, if the Lord will strenthen us,
to be content to lay doun our lives for his sake, in the testimonie
of the truthe. Our brethrein have beene greatlie conforted by
this, so that some of them have testified with manie teares, that
1 Stoned.
476 calderwood's historie 1606.
they never had suche joy since ever they kend Christ ; yea, that
the verie joyes of the other kingdom was in their heart, and that
they never saw a more gloi'ious day, and God's presence and power
80 evident, as that they never saw it in suche a maner. Others of
our brethrein, and not of them onlie, but all sort of Christians,
even suche as were halting betweene two [opinions] before, now
have testified plainlie, whereas before they thought it was but
obstinacie, that it was but upon indifferent things we stood, now,
they affirmed it to be upon manic points belonging to the crowne
and kingdom of Christ. And in this point, now, are they readie
to dee with us, and to suffer with us in the same. All sorts of
people, even suche as knew nothing of it, suche as condemned, as
suche as were not weill informed of our cans, all are content ; all
give novv' a faire testimonie that the cans is Christ's, and that we
are innocentlie and unjustlic condemned ; and I know not how it
is, but the commoun people are cursing the assise that fyled us,
and cursing the judge, and all instruments of our afflictioun.
Surelie God has beene greatlie magnified by the same, and there-
fore we are fullie conforted, and doe rejoice suppose we sould be
offered up in a sacrifice for his glorie, in the testimonie of the
truthe. The Lord strenthen us to underly everie thing.
" TVe thinke it strange, if everie man gett leave to come backe,
till the tyme they have drunken the blood of some. Thus, some
of our deere brethrein, Mr Andrew Melvill, Mr James Mel vill, Mr
Johne Carmichael, Mr Johne Dykes, Mr Johne Scrimgeour, Mr
William Murrey, convoyed us to our Maird ; and there we sindered,
with unspeekable joy on both sides, and with manie teares, both
rejoicing, in that our Lord was magnified in our sufferings by our
infirmiteis ; and with this joy are we daylie refreshed. We heare,
that my lord of Dumbar sent to all the ministers of Edinburgh,
to desire them to speeke nothing of that mater, promising upon his
credit and honour, that nothing sould be done to the prejudice of
the cans, or hurt of our persons. What they did we know not.
We are informed, that some of our brethrein heere, on this pres-
byterie, that never nather prayed for us, nor spake a word in this
1606. OP THE KIRK OF SCOTLAND. 477
caus, have now not onllc prayed, but also givin opin testlmonic of
confessing, that they have beene over long in beginning, and that
they are readie to suffer with us for this point ; and that this was
the violatioun of the solemne covenant, that would bring down the
wrathe of God upon all. Thus, the Lord is grcatlie magnified, and
we are grcatlie strenthened. As for you now, and the rest of our
brethrein, we thinke that nothing sail be done with you till some
order be tane with us, who are alredie convicted. Pray for us,
that we may stand to the end. Alwise be upon your guarde."
By the craft of the bishops, there was a report made to the king
that the chanceller was upon the counsell of the holding of the
Assemblie of Aberdeene. They tooke hold of some speeches
uttered by Mr Johne Forbesse in the counsell : for when the chan-
celler seemed vehement against the ministers, Mr Johne said, " My
lord, if yee be remembred, we did nothing in that meeting of
Aberdeene wherof your lordship was not foreseenc. Therefore, we
raervell that your lordship is so vehement against us." The chan-
celler finding himself tulchcd, answered, " If I spake anie thing in
that mater it is more than I remember." It was thought, indeid,
that the chanceller was no freind to the bishops, and that he feared
their rysing. The king is offended with the chanceller, and sent
commissioun to some noblemen to try his part in that mater. When
it was tryed, and Mr Johne Forbesse has proved his alledgance, it
was looked that the chanceller sould have beene changed. The
Erie of Dumbar was sent doun both to try and to change him.
But partlie by his freinds at home, and partlie by the queene and
English secretareis' moyen, he was suffered to injoy still his office.
In the meane tyme, the Parliament which sould have beene holdin
in Edinburgh was prorogued, and appointed to hold at St Johns-
toun, becaus the toun of Edinburgh favoured the chanceller. But
this was not the onlie caus.
In the moneth of May there were sent from court eight missives,
directed to eight ministers, indorsed after this maner : —
"To our trustie and weill -beloved N., Ministers of God's
Word at , etc."
478 calderwood's historie 1606.
The tenour foUoweth : —
" James R.
" Trustle and weill-beloved, we greet you heartllie weill. Our
earnest desire to intertaine that happie peace of the church of our
kingdom of Scotland, Avhich Avith great care and travell we left
universallie established therin at our removing thither, having
since, from tyme to tyme, beene manifested by our letters to the
most part of the synods of that realme, and to diverse our commis-
sioners by missives and iustructiouns, als weill verball as in writ-
ting ; and more perfectlie ratified by letters writtin to our counsell
with our ov/ne hand, proporting most cleere testimonie of the con-
stancie of our love, to all weill affected members of that bodie ;
which by proclamatiouns and imprinted declaratiouns was likewise
so solemnelie published, as the notorletie therof could be unknowne
to none, but suche as, through wilfull senselessenesse, would nather
heare nor see : having, neverthelesse, so little prevailed with some
incredulous, wilfull, ingrate, and malicious disposed persons, as some
of them have not forborne rashlie to contemne and disobey our autho-
ritie, charges, and commandements, and so stubbornelie to persist in
their contumacie, as their malicious obstinacie has forced us to
intend greater rlo-our asrainst them, than our inclinatioun alloweth,
yitt, fiirre lesse than their offences did deserve ; and others have
presumed, in pulpit, foolishlie tojustlfie the obstinate and malicious
proceedings of their brethrein, and therewith to slander our just
commandements, and lawfull proceedings of our (founsell ; as also,
the synods being required by our letters and commissioners directed
to them, to provide for their owne parts, so farre as in them lay, to
give us assurance, that certan acts established in former Assem-
bleis, necessarie for the weale and peace of the church, particularlie
expressed in our instructiouns sent unto them, may be ordeanned
by them not to be propouned, treatted, or altered at the nixt
Generall Assemblie, which we knew to be more fitt to be un-
tuiched and overpast at the same, than that anie mentioun sould
be made of them, least thereby occasioun sould arise of distractioun
1606. OF THE KIRK OF SCOTLAND. 479
in the church, and offence to ourselves ; yitt, they so little regarded
the earnestnesse of our sute, as their answeres universallie tended to
a present delay, without anie assui'ance to us of their performing at
the Assemblie, of that which for their owne weill Ave so earnestlie
urged. Wheriu, finding a more generall oppositioun to our just
petitioun than Ave could ever have expected in anie suche cace,
these things and other Aveightie reasouns have moved us heereby
to Avill and command you all, excuses set aside, not to faile with
diligence to repaire toAvard us, before the 15th day of September
nixt, to the intent we may that day beginne with yourselves, and
suche others of your brethrein as we have knoAvne to be of good
learning, judgement, and experience, and commanded likewise to
be heere at that same tyme, to treate Avith you in maters concerning
the peace of our said Church of Scotland ; and make our constant
and unchangeable favour borne to all the duetifull members of that
bodie manifestlie knoAvne unto you, Avhereby yee may be bound in
duetie and conscience to conforme yourselves to our godlie mean-
ing, and to heare true witnessing, for justifeing the lawfulnesse of
all our intentiouns and actiouns, als Aveill concerning the Avhole
church as the particular members therof; and that it may be
manifest to all the world, that we having embossed ourself, for
giving satisfactioun to all that are of that professioun, farther than
other princes accompt beseeming to their estate : If, therefore,
anie turbulent spirits be not recalled to their duetie, but persist
maliciouslic in unduetifull contempt of us, it may then be worthilie
judged, that the severitie Avhich by their obstinacie we may be
forced to use, sail i-ather be violentlie extorted against our nature,
for their amendement, than Avillinglie inflicted for their overthroAV.
Thus, hoping yee Avill not faile preciselie to keepe the foresaid
appointed day, as yee tender our service, and the weale of the
church, we bid you fareweill.
"At our Mannour of GreencAviche, the 21st of May 1606."
In the moneth of Julie, Avhen the nobilitie and other estats were
conveened at Edinburgh, to hold parliament at the day appointed.
480 calderwood's historie 1606.
it was prorogued to the first of Julie, to be holdin at Perth. The
pretended caus for change of the place was, the infectioun of the
pest at Edinburgh, which was almost none at all. But the true
caus was, the unfitnesse of the place for the setting up of bishops
upon the stage of honour, purchassing of a taxatioun of foure
hundreth thowsand merkes, and the freindship that the chanceller
had in Edinburfyh.
The brethrein writtin for to court, viz., Mr Andrew Melvill, Mr
James Melvill, Mr James Balfour, Mr William Scott, Mr Johne
Carmichaell, Mr Robert Wallace, Mr Adam Colt, Mr William
Watsone, conveened at the same tyme at Edinburgh ; and after
incalling upon the name of God, advised, whether they sould obey
the king's letter or not. After long reasoning, finding no appear-
ance of anie good, [they] resolved to use all the excuse they could,
and, therefore, appointed some to speeke the Erie of Dumbar.
When they had used all their moyen and credite, there was no
remeid but they must goe, or doe worse ; for the nixt wairning
would be a charge, to their greater paines, and lesse advantage to
their caus, the cheefe men standing in defence of the same, being
blotted with contempt and disobedience. They were also made to
beleeve, that this was devised by some who would have maters to
proceed better, and without the bishops' and commissioners' know-
ledge. Therefore, as they loved the Aveale of the church in com-
moun, and of the imprisouned brethrein in particular, they were
desired to doe as they were directed by the letter. So they re-
solved first to attend on the Parliament at Perth, and therafter to
prepare themselves for their journey.
The secreit device and intent of the king" and commissioners
was, to draw them to court, and to deteane them there, till they
had gottin their course advanced farther, under colour of a nation-
all assemblie. The Erie of Dumbar appointed Mr James Mel-
vill to come to him to Falkland, when he was to ryde to Perth.
He made Mr James beleeve that he was the procurer of these
letters, for a speciall benefite both to the kirk and them ; that the
bishops knew not therof till of late, and when they understood of
1606. OF THE KIRK OF SCOTLAND. 481
it, they had travelled to stay it, but in vaine : therefore willed
them to be of good courage, to make no excuse, nor to be afFrayed ;
assuring them that, by God's grace, he sould make it the best
voyage that ever they made ; when as he meant no suche mater,
but knew verie weill wlierefore they were sent for. He asked Mr
James if he purposed to be at the parliament ? He answered, he
was appointed with others, by the presbyterie, to be there.
" Weill," said Dumbar, " I will speeke with you then at greater
lenth ; for I Avill tell you, the Bishop of St Andrewes wrote to me,
to discharge you from comming to Perth ; but I will not."
The bishops were to be erected at the parliament approaching,
according to their presentatiouns. The tenour of one of them fol-
loweth, together with some animadversiouns : —
"Jacobus, Dei Gratia Eex Magnte Britannia^, Franciae, et
Hibernise, Fideique Defensor, prajdilecto nostro consilario. Domino
Ricardo Cockburne, junior! de Clerkingtoun, militi, nostri secreti
sigilli custodi, Salutem.
" Quia in parliamento nostro tento apud Edinburgh, mense
Decembris, anno 1597, per nos, cum avisamento trium nostri regni
statuum, statutum et ordinatum fuit, quod omnes et singuli episco-
patus vacantes, aut postea vacare contingentes, talibus sufficienti-
bus et qualificatis ministris, quos pro loco et dignitate eorundem
episcopatuum idoneos esse cogitaremus, conferantur et concedantur.
Et nunc nos intelligentes, archiepiscopatum A. in manibus nostris,
decessu quondam B. C. novissimi episcopi et possessoris ejusdem
vacare, ac dilectura servitorem nostrum, M. P. D. esse actualem
ministrum, et specialiter, per generalem ecclesias conventionem
nobis recommendatum, tanquam spontaneum et habilem in nostris
publicis negotiis et ecclesise regnique nostri statu inservire : Ideo
nos, cum avisamento fidelium nostrorum consilariorum, Jacobi
Domini Balmerinoth, nostri secretarii, et Magistri Joannis Prestoun
de Fentounbarns, collectoris generalis et novarum nostrarum aug-
mentationem thesaurii, fecimus, constituimus, et ordinaviraus,
tenoreque prassentium facimus, constituimus, et ordinamus dictum
VOL. VI. 2 H
^82 calderwood's histopje 1606.
M. P. D. Archiepiscopum de A. dando, concedendo, et dlsponendo
sibi, durantibus omnibus vitaj siiaj diebus, omues et singulos fructus,
reditas, eraolumenta, decimas garbales, hasque decimas feudifirmae,
firmas, canas, custumas, casualitates, castella, turres, fortalitia, mane-
riei loca, domos, horta, pomaria, et columbaria^ tam infra murum et
pra3cinctum dicti episcopatus loci, quam alias, ubicunque eadem
jacent, in quavis parte intra regnum nostrum Scotije ; cumque
sylvis, piscationibus, terris, regalitatum bm'gis, omnibusque aliis
devoriis, privilegiis, et immunitatibus de jure eodem spectantibus,
aut quocunque tempore prjeterito a prasdicti episcopatus fuudatione
spectare valentibus, una cum tota et integra superioritate et domino
regalitatis ejusdem, libera capella et cancellarii advocatione, et
donatione beneficiorum, ad dispositionem arcliiepiscopatuum de A.
quovis tempore prreterito existentium, et specialiter, cum donatione
rectoriarum et vicariarum de C. D. E. F. G. quje sunt terrje et
baronia3 dicti archiepiscopatus, et cum integra dispositione eidem
spectantium, adeo libere sicut quivis archiepiscopus eundem ante
exercuit. Et preterea, nos ex regali et libera nostra dispositione,
pro bonitate et melioratione dicti archiepiscopatus, annexavimus,
univimus, et incorporavimus, tenoreque pra^sentium unimus, annex-
amus, et incorporamus in eundem arcliiepiscopatum, totam et in-
tegram rectoriam de A. cum fructibus, reditibus, emolumentis,
decimis, aliisque devoriis ejusdem quibuscunque ; cum mansionibus,
domibus, glebis, et glebarum terris ejusdem. Ordinamusque ean-
dem, omni tempore futuro partem patrimonii dicti archiepiscopatus
fore, cum potestate dicto, Magistro P. suisque camerariis et factori-
bus, durante ejus vita, postque ejus decessum, archiepiscopis sibi in
dicto loco et archiepiscopatu successoribus ejusdem, intromittendi
et levandi (dictus vero M. P. ej usque successores ecclesiam de A.
in sufficientibus ministris victu corapetentibus ; ibi inservientibus
providendi.) Ac etiam nos cum avisamento praedicto, dedimus et
disposuimus, tenoreque pra^sentium damus et disponimus, dicto
ISI. P. durante ejus vita, totas et integras tertias, sive tertias partes
dicti archiepiscopatus, sufficientibus ministris victu competentibus,
absque omni alio onore providere astringetur. Et postremo, dedi-
1606. OF THE KIRK OF SCOTLAND. 483
mus et concessimus, tenoreqiie praBsentlum damus et concedlmus
dlcto archiepiscopo, civitates, dignitates, feoda, liomagia, prioritates
universitatum, scholarum, et hospitalium, infra limites et bondas
dlcti archiepiscopatus, in veteribus legibus et consuetudinibus regni
nostri Scotias permissas, aut in favorem dictorum archiepiscoparium
per aliquos nostros nobilissimos pra^genitores Scotiae reges quavis
fetate proecedente authorizatas et defendatas, non obstante acto
annexationis, teraporalitatis, praslatiarum coronaj nostrte. Quod
quidem, cum omnibus aliis actis et constitutionibus in prejudicium
aicujus partis prasmissorum tendentibus, nos cum avisaraento, dis-
pensamus, volumus que praesentes expressam derogationem iisdem
efficere omnibusque et singulis in prfemissis, sicuti nos promitti-
mus in verbo Principis, prtesentem nostram donationem, disposi
tionem, aut provisionem in proxima sessione parliamenti nostri
ratificare et approbare, dictumque archiepiscopatum et integrum
patrimonium ejusdem, castella, turres, domus, maneriei loca, omnes-
que alias devorias ad eundem pertinendum, aut quje eodem per-
tinere dignoscuntur, a patrimonio nostras coronaj in dicto parlia-
ment© dissolvere. Quare vobis nostri consilii et sessione dominis,
stricte praecipimus, quatenus literas ad instantiam dicti M. P. pro
sui suorumque camerariorum suo nomine responsione et obedientia,
omnium et singulorura emolumentorum, devoriarum, firmarum,
decimarum, garbalum, aliorumque decimarum, canarum, custuma-
rum, casualitatum, tenentum, introituum, eschetarum, multurarum,
molendinorum, aliorumque quorumcunque de instanti croppa et
anno Domini, &c. Et similiter, annuatim et terminatim durante
ejus vita, nullisque aliis, sub poena cornuationis et districtionis ;
cornuationis vero literas, super simplici mandato decem dienim
tantummodo delegatas et deliberetis. Mandamus etiam vobis
nostri Secreti Consilii Dominis, quatenus alias nostras literas et
mandata pro restitutione castellorum, locorum, hortorum, fortali-
tiorum, columbariorum, maneriei locorum, aliorumque domorura,
ad dictum Archiepiscopum pertinen. dicto M. P. suisque factori-
bus et camerariis, suo nomine infra sex dies mandatum proximo
sequen. sub poena rebellionis, similiter tradatis et deliberetis. Et
si disobediri contigerit, ad denunciandum, &c. Vobis," &c.
484 calderwood's historie 1606.
ANIMADVERSIONS ON THE PRESENTATIOUN FORESAID.
1. There is manifest untruthe in the presentatioun, bearing the
bishops to be presented and recommended to his Majestie. The
General! Assemblie was never made acquaint with their presenta-
tion, lett be to accept of it.
2. They are presented to all fruicts, rents, teind-scheaves, and
small tithes, within the whole bounds of their bishopricks, which
can not stand with the law of God or man.
3. They are provided to whatsomever priviledges and immuni-
teis anie of their predecessors had at anie tyrae heeretofore. This
is expresse against God's law, derogative to the discipline of the
kirk, and against the priviledges of his Majestie's crowne ; is also
derogative to the erectioun of the commissariats, which is one of
the cheefest judicatoreis of Scotland.
4. They are provided to all superioriteis ; lordships of lands, and
dominiouns therof, judicatoreis, regaliteis, presentatioun to all bene-
fices whatsoever, was at their gift of old. What can this be ellis,
but erectioun of tyranns above the kirk of God, by this forme of
preferment ; ranversing all the order and discipline of the kirk,
that hath these forty-six yeares, with the great blessing of God,
beene exercised in this kirk ?
5. They are licenced by their provisiouns to lift up the rents of
all theu' kirks, and to pay stipends to Tulchans to serve the cure ;
which is blasphemie to permitt, being so direct contrarie to God's
law.
6. They are provided with all liberteis, digniteis, homages,
prioriteis of universiteis, schooles, and hospitalls, and priviledges
whatsomever, givin or granted to them by whatsomever persons
their foundators of old, not\^dthstanding the act of annexatioun, or
whatsomever other act, law, or constitutioun made in the contrare
heeretofore. Is not this forme of erectioun the erectioun of a
papisticall bishop ?
IGOG. OF THE KIRK OF SCOTLAND. 485
A PARLIAMENT.
The parliament was holdin at Perth the nynth of Julie, by Johne
Erie of Montrose, Lord Grahame and Magdocke, his Majestie's
commissioner, with advice of the estats. At this parliament, the
brethrein, commissioners from presbytereis, furth of all the parts
of the realme, were frequentlie conveenned, howbeit the bishops
had made sute by the counsell to have them discharged. But the
counsell thought it not meete. They conveened orderlie in Mr
Johne Malcolme's, who was one of the ministers of Perth, an
upright-hearted man, who interteaned a great number of them
when the toun was throng, upon his owne expences. When they
perceaved that there was muche bussinesse made for advancement
of the bishops, they revised a protestatioun penned by Mr Patrik
Sirasone, minister at Stirline, and after thought good to present it
to the Commissioners of the General! Assemblie, that by them it
might be presented to the Lords of the Articles ; becaus it was
their duetie to deale in commoun maters of the kirk at Parliaments,
and the lords would receave nothing from anie other.
THE PROTESTATION GIVIN IN TO THE PARLIAMENT HOLDIN AT
PERTH IN THE BEGINNING OF JULIE, 1606.
" The earnest desu'e of our hearts is, to be faithfull ; and incace
Ave could have beene silent and faithfull at this tyme, when the
undermynned estat of Christ's kirk craves a duetie at our hands,
we sould have locked up our hearts with patience, and our mouths
with taciturnitie, rather than to have impeshed anie with our admo-
nitioun. But that which Christ commandeth, necessitie urgeth,
and duetie wringeth out of us, to be faithfull office-bearers in the
kirk of God, no man can justlie blame us to doe it, providing we
hold ourselves within the bounds of that Christian moderatioun,
which followeth God, without injurie done to anie man, speciallie
these whom God hath lapped up within the skirts of his owne
honourable styles and names, calling them gods upon earth.
486 caldeewood's histoeie 1606.
"Now, therefore, my lords conveened in this present Parlia-
ment, under the Most High and Excellent Majestic of our dread
Soverane, to your Honours is our expectatioun, that yee would
endeavourc with all singlcnesse of heart, love, andzealc, to advance
the building of the hous of God, reserving alwayes unto the Lord
his OAvne hands, that glorie which he will communicat nather with
man nor angell ; to witt, to prescribe from his holie moimtaine, a
livelie paterne, according to the which his owne tabernacle sould
be formed : remembring alwise, that there is no absolute and
unbounded authoritie in this world, except the soverane authoritie
of Christ the King, to whom it belongeth als properlie to rule the
kirk according to the good pleasure of his owne will, as it belong-
eth to him to save his kirk by the merits of his owne sufferings.
All other authoritie is so intrinched within the marches of divine
commandement, that the least overpassing of the bounds sett by
God himself, bringeth men under the feareAJl expectatioun of tem-
porall and eteruall judgements. For this caus, my lords, lett the
authoritie of your meeting in this present Parliament be like the
ocean sea, which, as it is the greatest of all other waters, so it
conteaneth itself better within the coasts and limits appointed by
God, than anie river of fresh running waters hath done. Kixt,
remember that God hath sett you to be nurish fathers of his kirk,
craving at your hands, that yee sould foster, mainteane, and
advance by your authoritie the ku'k, which the Lord has fashiouned
by the uncounterfooted worke of his owne new creatioun, as the
propheit speeketh, he hath made us, and not we ourselves ; but not
that yee sould presume to fashioun and shape a new portraiture of
a kirk, and a new forme of divine service which God in his Word
hath not before alloAved ; becaus that were the extending of your
authoritie farther than the calling yee have of God doeth permitt ;
as namelie, if yee sould (as God forbid) authorize the pre-eminence
of bishops above their brethrein, yee sould bring into the kirk of
God the ordinance of man, and that thing which experience in all
proceeding ages has testified to be the ground of great ydlenesse,
grosse ignorance, unsufferable pride, pitilesse tyrannic, and shame-
1606. OF THE KIRK OF SCOTLAND. 487
lesse ambltioun in the kirk of God ; and finalHe, to have beene the
ground of that antichristian hierarchic, which clame up upon the
steppes of the pre-eminence of bishops, untill that Man of Sinne
came furth, as the rype fruicts of the wisdom of man, which God
sail consume with the breathe of his owne mouth. Lett the sword
of God pierce the bellie that brought furth suche a monster, and
lett the stafFe of God crushe that egge which hath hatched suche a
venomous cockatrice ; and lett not onlie that Roman antichrist be
throwed doun from the high benche of his usurped authoritie, but
also, lett all the steppes whereby he clame up to that unlawfull
pre-eminence be cutt doun, and utterlie be abolished in this land.
Above all things, my lords, beware to strive against God with an
opin and displeyed banner, by building up againe these walls of
Jericho, which the Lord has not onlie cast doun, but also layed
them under an horrible execratioun and malcdictioun, so that the
building of them again must need stand to greater charges to
the builders, nor the re-edifeing of Jericho to Hiel the Bethelite, in
the dayes of Achab : for he had nothing but the interdictioun of
Joshua, the captan of the people of God, and his curse, to stay
him from building again of Jericho ; but the noblemen and estats
of this realme have the reverence of the oath of God made by
themselves, and subscribed with their owne hands, in the Confes-
sioun called the king's Majestie's, published ofter nor once or twise,
and subscribed and swome to by his Most Excellent Majestic, in
the yeere 1581 and 1590, and so, by his Hienesse' nobilitie, estats,
and whole subjects of this realme, to hold them backe from setting
up again the dominioun of bishops ; becaus it is of veritie, that
they subscribed and sware in the said Confessioun not onlie to
mainteane the true doctrine, but also the discipline professed at
that tyme within the realme of Scotland.
" Consider also, that this worke cannot be sett fordward, without
the great slander of the Gospell, defamatioun of manie preachers,
and evident losse and hurt of the people's soules committed to our
charge. For the people are brought almost to the like cace as
they were in Syria, Arabia, and Egypt, about the 600 yeere of our
488 calderwood's historie 1606.
Lord. The people were so brangled and shaikin -with contrarie
doctrine sounding in the kirk of God, some damning, and others
allowing the opinioun of Eutyches, that in end, they lost all assured
perswasioun of true religioun, and within short tyme therafter, cast
the gates of their hearts wide opin, to receave in that vile and
blasphemous doctrine of Mahomet. Evin so, the people in this
land are cast in suche admiratioun, to heare the preachers who so
opinlie damned the estat of statelie pre-eminencie of bishops, and
then, within a few yeeres therafter accepted the same dignitie,
pompe, and superioritie, in their owne persons, Avhich they before
had damned in others, that the people knowes not what way to
inclyne ; and in end, will become so doubtsome in maters of reli-
gioun and doctrine, that their hearts will become like an opin taverne
doore, which is patent to everie ghuest that likes to come in.
" We beseeche your Honours to ponder this thing in the bal-
lance of a godlie and prudent minde, and suffer not the Gospell to
be slandered by the behaviour of a few number of preachers, of
whom we are all bold to affirme, that if they goe fordward in this
defectioun, not onlie abusing and appropriating that name of
bishop to themselves allanerlie, which is commoun to all the pastors
of God's kirk, (1 Peter v.,) but also talking upon them suche
offices as carie with them the ordinarie charge of governing the
civill effaires of the countrie, neglecting their flockes, and finallie,
seeking to subordinat their brethrein to their jurisdictioun ; if
anie of them, we say, be found to step fordward in this course of
defectioun, they are more worthie, as rottin members, to be cutt
off from the bodie of Christ, nor to have superioritie and dominioun
over their brethrein within the kirk of God.
" This pre-eminence of bishops is that Dagon which once
alreadie fell before the arke of God in this land ; and no bonds of
yron sail be able to hold him up againe. This is that paterne of
the altar brought furth at Damascus, but not shewed to Moses on
the mountaine. And therefore it sail fare with it as it foore with
that altar of Damascus. It came last in the temple, and went out
first, at the reformatioun of Josias. Lykewise, the instltutioun of
Christ was anteriour to this pre-eminence of bishops, and will con-
1606. OF THE KIRK OF SCOTLAND. 489
sist and stand within the kirk of God, when this new-fashiouned
altar sail goe to the doore.
" Remember, my lords, that in tyme past, your authoritie was
for Christ, and not against him. Yee followed the light of God,
and strove not against it ; and like a babe in the mother's hand,
yee said to Christ, * Draw us after thee.' God forbid that yee
sould now leave off, and fall away from your former reverence
borne to Christ, presuming to leade him, whom the Father has
appointed to be a leader of you ; and farre lesse, to traile the holie
ordinances of Christ by the cords of your authoritie, at the heeles
of the ordinances of men. And albeit your Honours have no suche
intentioun, to doe anie thing that may impaire the honour of
Christ's kingdom, yitt remember, that spirituall darkenesse flowing
from a verie small beginning, does so insinuat and thrust in the
self into the hous of God, as men can skarselie discerne by what
secreit meanes the light is dimmed, and darkenesse croppin in,
gottin suche upperhand, as in end, at unawars, all is involved within
a mistie cloud of horrible apostasie.
" And least that anie sould thinke this our admonitloun out of
tyme, in so farre as it is statuted and ordeanned alreadie by his
Majestic, with advice of his estats in parliament, that all ministers
provided to prelaceis sould have vote in parliament, as lykewise,
the Generall Assemblie, his Majestic being present therat, has
found the same lawfull and expedient ; we would humblie and
most earnestlie beseeche all suche to consider, first, that the king-
dom of Jesus Christ, the office-bearers and lawes therof, nather
sould, nor can suffer anie derogatioun, additioun, dlminutioun, or
alteratioun, (by the prescript of his holie word,) by inventiouns
and doings of men, civill or ecclesiastick. And we are able by the
grace of God, and Avill offer our selves to prove, that this bishoprie
which is sought to be erected is against the Word of God,
the ancient canons and fathers of the kirk, the moderne most
godlie and learned divines, the doctrine and constitutiouns of the
Kirk of Scotland since the first reformatioun of religioun, the lawes
of the realme ratifeing the governement of the kirk by generall
and provinciall assemblcis, by presbytereis and sessiouns ; also,
490 calderwood's histoeie 1G06.
against the weale and honour of the king's most excellent Majestic,
the established estat and weale of the kirk, in the doctrine, disci-
pline, and patrimonie therof; the weale and honour of your
Lordships, the most noble and ancient estats of this realme ; and
finaUie, against the weale of all and everie one of the subjects
therof, in their soules, bodeis, and substance.
" Nixt, That act of parliament granting vote to ministers, is
with a speciall provisioun that nothing thereby be derogatorie or
prejudiciall to the present established discipline of the kirk, and
jurisdictioun therof, in generall and synodall assembleis, presby-
tereis, and sessiouns.
"Thridlie and last. The king's Majestic in the Generall Assemblie,
sitting, voting, and consenting therewith, has feared the corrup-
tioun of that office, and therefore circumscribed and bounded the
same with a number of cautiouns, all the which are ordeanned to
be insert in the gift of the benefices of suche as sail be chosin by
his Majestic and the Generall Assemblie to vote in parliament ;
not giving to them the name of Bishops, for feare of importing the
old corruptiouns, pompe, and tyrannic of the Papisticall and English
bishops, but calling them commissioners for the kirk, to vote in
parliament. According to the which cautiouns, nather have these
men now called bishops entered to that office of commissionarie
to vote in parliament, nather since [their cngyring have they be-
haved themselves therin.
" And, therefore, in the name of the Lord Jesus Christ, who
sail hold that great court of parliament to judge the quicke and
the dead ; and in the name of his kirk in generall, so happilie and
Weill established within this realme, and wherof this kingdom has
felt the confortable fruict and effect, in peace and unitie, free from
heresie, schisme, and dissensioun, these forty-six yeeres : Also in
name of our presbytereis, from which we have our commissions ; and
in our owne names, office-bearers, and pastors within the same, for
discharging of our necessar duetie at so needfull a tyme, and for
disburthening of our consciences, we doe solemnelie except and
protest against the said bishopric and bishops, and the erectioun.
1G06. OF THE KIKK OF SCOTLAND. 491
confirmatioun, or ratificatioun therof at this present parliament ;
most humblie craving, that this our protestatioun in substance and
forme, as it is sett doun, may be admitted by your Honours, and
inregistred among the acts and statuts of the same, incace (as
God forbid) these bishopricks be erected, allowed, ratified, or con-
firmed in the present parliament."
This protestatioun was subscribed by the ministers whose names
heere follow : —
A. Melvill, Ja. Melvill, Wil. Scot, Ja. Eos, Jo. Carmichaell,
Joh. Gillespie, Wil. Areskine, Col. Campbell, James Muir-
heid, Jo. Davidsone, Jo. Mitchell, Jo. Coldane, Jo. Aber-
nethie, James Davidsone, Adam Bannatyne, Johne Row,
William Buchanan, Johne Kennedie, Johne Ogilvie, Johne
Scrimgeour, Johne Malcolme, James Burden, J. Bleekfurd,
James Strauchane, James Row, William Row, Robert
Merser, Edmund Myles, Johne Frenche, Patrik Simsone,
Johne Dykes, William Young, William Cowper, William
Keith, H. Duncan, Ja. Merser, Robert Colvill, William
Hog, Robert Wallace, Johne Wemes, David Barclay,
William Cranstoun.
When the commissioners of the Generall Assemblie understood
that the Lords of the Articles were treatting upon the bishops'
erectiouns, they desired to be heard. But it was refused. Then
they gave in their protestatioun in writt, wherin they made men-
tioun of the arguments to prove and fortifie the equitie of it.
But their protestatioun was rejected by Chanceller Setoun in their
name, who said they had command so to doe. It was therefore
thought meete that a copie of the protestatioun sould be presented
to everie estat, as they satt severallie, and to the speciall noblemen,
by two of the brethrein, directed of purpose to everie one of the
estats. The brethrein who were directed exhorted them in the
name of God to weygh and consider it, and to stand for the caus of
Christ against this corruption. When they were together, they
promised fairlie ; but their commissioners, for the most part, were
492 calderwood's historie IGOG.
wonne ather one way or other to their purpose. There rested
onlie a protestatioun to be made in the opin parliament, the last
and most solemne day of the same, which Mr Andrew Melvill, and
others with him, resolved to doe.
Mr William Cowper, minister at Perth, made a sermoun to the
contentment of the godlie, the day proceeding the first ryding day
of the parliament. But nather he, his collegue, Mr Johne Mal-
colme, nor anie other of that sort, were suffered to preache again
before the estats, during the tyme of the parliament. It was
alledged, that expresse directioun had come from court, who sould
preache before them. So, Mr Andrew Lamb, now Bishop of Gal-
loway, preached the nixt day. The Englishmen said, that a lamb
had proved an old sheepe. Mr Patrik Galloway preached on the
Sabboth following. He feared the losse of his credit and worldlie
pelfe ; yitt he said, that it was not the king's minde to sett up
bishops, lords in parliaments, to be lords over the kirk, and over
their brethrein, or to have anie authoritie in the governement of the
kirk over them ; and, therefore, to prevent suche corruptiouns, cau-
tiouns were sett doun by his Majestic and the Generall Assemblie,
which they had sworne and subscribed, and that they sould be
esteemed shamefullie perjured if they controveenned them. Whei-
upon, the commissioners of the presbytereis desired the commis-
sioners of the Generall Assemblie to conveene. At their instant
desire, they conveenned. The commissioners of the presbytereis
offered to prove, that the bishops had brokin all the caveats, both
in the entrie to their bishopricks and behaviour since their entrie.
But the commissioners of the Generall Assemblie refused to
be judges in that mater, referring it to the Generall Assemblie
which was to be holdin at Dundie the last Tuisday of that instant
moneth of Julie. But at the rysing of the parliament, the Assem-
blie was prorogued by opin proclamatioun to another yeere, and
60 nothing was meant uprightlie. The commissioners of the presby-
tereis urged, that at least the cautiouns might be insert in the act
of parliament which was made in favours of the bishops. The
commissioners, and some of the bishops, thought this reasonable,
1G06. OF THE KIRK OF SCOTLAND. 493
becaus it was so agreed upon by the king and the Generall As-
semblie holdin at Montrose, and one of the cautiouns expresselie
beareth the same. Notwithstanding the commissioners craved this
of the Lords of the Articles, and urged the same reasouns, the
Lords of the Articles would not grant ; yea, the chanceller said
plainlie, *' We enter not bishops according to an act of an Assem-
blie, but according to that they w^ere an hundreth yeeres since."
Mr Johne Spotswod, Bishop of Glasgow, (against whom was
produced his owne father's testimonle in a Generall Assemblie,
that a civill functioun was no wise compatible with the office of the
ministrie,) made the exhortatioun in the parliament hous before
the estats. He directed the greatest part of his speeches against
the established discipline. The commissioners from the presby-
tereis accused him to the commissioners of the Generall Assemblie,
but they refused to judge or censure him.
BISHOPS RYDE AT PARLIAMENT.
At this parliament, the erles and lords were clothed in reid
skarlet. It is constantlie reported, that Dumbar, Bishop of Aber-
deene, at the tyme of reform atioun, said, that a reid parliament in
St Johnstoun sould mend all again. It was thought that he w^as
a magician. His speeche is like to prove true, for since that tyme,
defectioun has ever growne. The first day of the parliament, ten
bishops did ryde betuixt the erles and the lords, two and two,
clothed in silke and velvet, with their foote mantles. The two
archbishops, Mr George Glaidstains, and Mr Johne Spotswod.
Nixt to them, Mr Peter Kollock, Bishop of Dunkelden, a bishop
in respect of the benefice, but never a minister ; and Mr Gawin
Hammiltoun, Bishop of Galloway. Nixt to them, Mr David
Lindsey, Bishop of Rosse ; and Mr George Grahame, Bishop of
Dumblaine. Nixt to them, Mr Alexander Dowglas, Bishop of
Murrey, Mr Alexander Forbesse, Bishop of Cathness ; and last,
Mr James Law, Bishop of Orkney, and Mr Andrew Knox, Bishop of
the lies. Mr Peter Blekburne, Bishop of Aberdecne, thought it not
idi CALDER wood's HISTOPJE 1G06.
beseeming the simplicitie of a minister to ryde that way in pompe ;
therefore, he went on foote to the parHament hous. The rest of the
bishops caused the chanceller remove him out of the parliament
hous, becaus he would not ryde as the rest did. Mr Arthure Futhie,
a minister in Angus, a man of big stature, walked along the street,
with his cap at his knee, at the great metropolitan, Mr George
Gladestains' stirrop. But the last day, the bishops would not
ryde, becaus they gott not their old place, that is, before the cries,
and nixt after the marquisses, but went quietlie on foote to the
parliament hous. This made the noble men to take up their pre-
suming humours, and to mislyke them, als soone as they had sett
them up, fearing they were sett up to cast them doun.
Upon the last day of the parliament, Mr Andrew Melvill, after
he had gottin entrie in the parliament hous, but verie hardlie, stood
up to speeke and protest. But how soone he was espied, he was sent
to, and commanded to depart ; which notwithstanding he did not,
till he made all that saw and heard him understand his purpose.
There were three things of importance concluded at this parlia-
ment. 1. The setting up of bishops of new, with their whole
livings, rents, priviledges, conforme to these of old in tyme of
Poprie, and a confirmatioun of their new gifts. 2. The erectioun of
seventeene prelaceis in temporall lordships. 3. A taxatioun of
foure hundreth thowsand merkes. A pactioun was made betuixt
the lords and the bishops, that tlie bishops sould consent to the
erectioun of the prelaceis in temporall lordships, and the lords to
the erectioun of the bishops to their old estat and digniteis. But
as the lords sold the liberteis of the kirk, or purchassed these tem-
porall lordships with the thraldome of the kirk, so they now find,
that they have builded but upon a sandie foundatioun ; for none
are so earnest to stirre up the king to revocke these erectiouns,
seing they have gottin their owne turne done. Yea, at the verie
tyme of the erectioun, they had the same intentioun, which I heard
in the meane tyme by these that were most familiar with them.
But it is no wounder that tratours to God be tratours to men.
The first act of this parliament concerned the king's Majestie's
1606. OF THE KIPvK OF SCOTLAND. 495
royall prerogative. The estats and whole boclie of this present
parliament all in one voluntar, humble, faithfuU, and united heart,
minde, and consent, truelie acknowledge his Majestie's soveran
authoritie, princelie power, royall prerogative, and priviledge of his
crowne, over all estats, persons, and causes whatsomever within
his said kingdome ; and his Majestic, with expresse advice, consent,
and assent of the estats, ratifieth, approveth, and perpetuallie con-
firmeth the samine, als absolutelie, amplie, and freelie in all respects
and consideratiouns, as ever his Majestic, or anie his royall pro-
genitours, kings of Scotland, in anie tyme bygane possessed, used,
and exerced the samine. The respect moving the estats is sett
doun in the narrative of the act to be, his Majestie's extraordinar
graces, most rare and excellent vertues, singular judgement, fore-
sight, and princelie wisdome. But this respect is not hereditarie.
The act of the king's supremacie was keeped so closse, that the
clerk durst not lett anie have an extract therof ; yitt at last, the
words following came furth in great secrecie : —
^' The king's Majestic, whom the whole estats of this present
parliament, of their bound duetie, with most heartilie and faithfull
affectioun, humblie acknowledge to be soverane monarch, absolute
prince, judge and governour over all persons, estats, and causes,
both spirituall and temporall, within his said realme."
These words are sett doun in the secund act, by occasioun, where
the restitutioun of the thrid estat is said properlie to perteane to
his Majestic. The yeere after, the oath of the allegiance of the
subjects of the kingdom of Scotland was published in print, as
followeth : —
" I, N., for testificatioun of my faithfull obedience to my most
gratious and redoubted James, King of Great Britaine, France,
and Ireland, Defender of the Faith, affirme by this my solemne
oath, testifie and declare, that I acknowledge my said soverane
onlie supreme governour of this kingdom, over all persons and in
all causes ; and that no forraine prince, power, state, or pcrsoun,
ather civill or ecclesiastick, has anie jurisdictioun, power, or
superioritie over the same. And, therefore, I doe utterlie renounce
and forsaike all forraine jurisdictiouns, powers, and authoriteis ; and
496 calderwood's historie 1G06.
sail, at my utter power, defend, assist, and mainteane liis Majestie's
jurisdictioun foresaid, against all deadlie ; and never declyne his
Majestic, his power, nor jurisdictioun ; by this my oath, my hand
upon the Holie Evangell. So help me God. At Edinburgh."
*' Printed by Robert Charters, Printer to the King's Most
Excellent Majestic, amio Dom. 1607."
The secund act conteaneth the constitutioun of the estat of
bishops. It is first regraited, that in his Majestie's young yeeres
and unsattled estate, the ancient and fundamentall policie, con-
sisting in the maintenance of the three estats of Parliament, has
beene greatlie impaired, and almost subverted, by the indirect
abolishing of the state of bishops ; by the act of annexatioun of the
temporaliteis of benefices to the crowne, made in his Hienesse'
Parliament holdin at Edinburgh, in the moneth of Julie
1587, whereby albeit it was never meanned by his Majestic,
nor by his estats, that the said estat of bishops, consist-
ing of benefices of cure, and being a necessarie estat of the
Parliament, sould on no wise be suppressed ; yitt his Majestic, by
experience of the subsequent tyme, has cleerelie scene, that the
dismembring and abstracting from them of their livings, has
brought them into suche contempt and povertie, that they are not
able to furnishe necessars to their privat familie, muche lesse to
beare the charges of their wounted ranke in ParHament and gene-
rail counsels, and after the exemple of their predecessors, to assist
and supplee their prince with their counsell and goods, in tyme of
peace and warre : The remeed wherof properlie perteanes to his
Majestic, whom the whole estats, of their bounden duetie, with
most heartlic and faithful! afFectioun, humblie and truelie acknow-
ledge to be soverane monarch, absolute prince, judge and governour
over all persouns, estats, and causes, both spirituall and temporal],
•within the said realme. Therefore his Majestic, with expresse
advice and consent of the saids whole estats of Parliament, being
carefiill to repone, and restore, and redintegrat the said estat of
bishops to their ancient and accustomed honour, digniteis, pre-
rogatives, pnviledges, livings, lands, tithes, rents, thrids, and
1G06. OF THE KIllK OF SCOTLAND. 497
estate, as the saiuine was in the reformed ku-k, most amplie
and free at anie tyme before the act of annexatioun foresaid,
by the tenour heerof, retreats, rescinds, reduces, casses, abrogats,
and annulls the foresaid act of annexatioun of the temporalitie
of benefices to the crowne, made in the yeere of God 1587, as
said is, in so farre as the samine may in anie wise comprehend
or be extended to the authoritie, dignitie, prerogative, priviledges,
towres, castells, fortalices, lands, kirks, tithes, thrids, or rents of the
said bishopricks, or anie part therof ; with all other acts of Parlia-
ment made in prejudice of the saids bishops in the premisses, or
anie of them ; with all that has followed or may follow therupon;
and all acts of dismembring of particular kirks, or commoun kirks
of the said bishopricks from the samine, or for separating the thrids
of the said bishopricks from the bodie, title, and two part of the
same : To the effect, the persons presentlie provided to the bishop-
ricks of Scotland, or anie of them, or that heerafter sail be pro-
vided to the same, may freelie, quietlie, and peaceably injoy,
bruike, and possesse the honours, digniteis, priviledges, and prero-
gatives competent unto them or their estat since the reformatioun
of religioun ; and all towres, fortalices, lands, kirks, tithes, rents,
two part, thrids, j)atronages, and rights whatsomever belonging to
the bishopricks, or anie of them, to use and exerce the same, and
freelie dispone upon the whole two part, and thrid, temporalitie
and spirltualitie of the said bishopricks, and all the premisses
belonging to the said bishopricks, as the saids acts of annexa-
tioun, and remanent acts made in anie wise to their prejudice in
the premisses, and everie one of them, and all that follow ther-
upon, had never beene made nor done, they alwise interteaning
the ministers serving at the cure of the kirks of their saids bishop-
ricks upon the readiest of their said thrids, according to the ordi-
narie assignatiouns made, or reasonablie to be made theranent.
The thrid act concerneth the delapidatioun of bishopricks. The
estats find and declare, that no bishop within the realme may sett
in few, tacke, or otherwise, nor doe anie other deid, in disponing
of anie part of the patrimonie of their said bishopricks, without
the advice and consent of their chaptours, or the greatest number
VOL. VI. 2 I
498 calderwood's histoeie 1606.
of them, duelie procured and obteaned thereto. In the purchassing
of whose consent, it sail not be requisite to have their said chaptours
chaptourlie conveened, but (the saids deeds being otherwise law-
fuUie done, and subscribed by the most part of the said chapter)
the not meeting and conveening chapterlie, at the tyme of the
making of the said rights, and subscribing therof, sail furnishe no
ground wherupon the said facts or deeds may be querrelled, or the
said rights and titles impugned or annulled, through the cans and
occasioun foresaid. Which chapters decerne and declare to re-
maine now, and in all tymes comming, according to the founda-
tiouns of the said bishopricks, and as has becne in tymes bygane,
without anie kinde of alteratioun to be made therln ; excepting
alwise the chaptour of the Archbishoprick of St Andrewes, the
alteratioun wherof (which is made in maner underwrittin) neces-
sarilie proceeded, in that the samine consisting of before of the
Pryorie of St Andrewes, is suppressed by the new erectioun of
the said'pryorie, whereby the said chaptour ceasseth. And, there-
fore, the said estats have declared, and declare, that the said
chaptour of St Andrewes sail heerafter consist of the number
of the persons following : viz., of seven persons of the ministrie,
dwelling, and having their charge within his diocie of St Andrewes,
to be elected and nominated by the said archbishop himself, to be
the perpetuall convent and chaptour of the said archbishoprick
in all tyme comming ; and after the deceasse, or removing of
anie one or moe of them from their present places and functioun
within the said diocie, the intrant succeeding in that place and
charge, to succeed also in the same rowme of the chaptour and
convent. Reserving alwise to the said archbishop and his suc-
cessours their ancient priviledges, that the commoun scale of the
said chapter, to be made of new by their owne advice, sail serve
for their consents, without their subscriptiouns.
In this Parliament was also made an act of anncxatioun of the
Personage of Glasgow to the bishoprick therof. Item, A ratifica-
tioun to the Bishop of Galloway of the Pryorie of Quhitterne.
These verses and sonets following were spread and affixed at this
tyme : —
1G06. OP THE KIEK OF SCOTLAND. 499
1.
When Constantlne Sylvester sett up hie
On civill seate in his empyre of Rome,
The voice from heaven then sounded mightilie ;
Now, poyson is powr'de out on Christendome.
Great James of Britane, alas ! why does thou sa,
That spirituall poyson sould thy people sla ?
2.
Sheepheards, for shame, beware, looke weill about.
And lett no Bytesheeps come your fold within :
Darre yee indent ? No, better hold them out,
Y'ill find no faith fra they their point have wonne.
See ellis their slights : what, looke yee to their skinne,
Suche one does prove a avooIvc lookes like a lambe,
Tha 'r more nor blind that see not things beginne ;
Looke to your nighbour's feild, behold the flamme,
Loe it has burnt, trow yee to scape the same ?
Or ten tymes worse, if anie worse can be ?
The play goes on, wait yee on after game ;
Tha '11 beare it out, then sail yee sighing see
Sights, flights, shifts, shewes, pomp, pride, and to conclude.
Whatever is ill, but never a thing is good.
3.
By Pallas' art the Grecians built an hors,
Als hudge as hill, presenting him to Troy ;
And subtile Sinon taikin, as perforce,
Pers waded them to breake their wall with joy,
By their own'e hands this hors for to convoy,
And sett him up in his most sacred place.
But therout ishing, captans did destroy
With fire and sword their citie, soone, alas !
The Dardan prophets cry'de, and bade them ceasse,
Allurino' them to worke their owne releefe ;
500 calderwood'6 nisTOFJE 1G06.
But foolish madnesse spoiled them of grace,
So God for sinne brought on their last mischeefe.
This hors, this Sinon, and this Trojan sak,
Methinkes I see, whill we these bishops mak.
Followes the verification of the points offered to he proved in the
Protestation givin furth then also.
REASONS WHY THIS NEW SORT OF BISHOPS SOULD NOT BE SETT
UP IN SCOTLAND.
" To the King's Most Excellent Majestic, and Most Noble and
Religious Estates of this present Parliament^ to he holdin at
Perth, Julie 1606.
" Ambrosius ad Theodos. Impcr. Epist. lib. 5, Epist. 29.
"Non est imperiale, libertatem dicendi negare, neque sacer-
dotale quod sentiat, non dicere. Hoc interest inter bonas et malos
principes, quod boni libertatem amant, servitutem improbi. Nihil
etiam in sacerdote tam periculosum apud Deura, et tarn turpe apud
homines, quam quod sentiat in causa Christi non libere denunciare.
Adde, quod silentij mei periculo involveris, libertatis bono juvaris."
REASONS WHY THE KING's MOST EXCELLENT MAJESTIE, AND THE
MOST NOBLE AND BEST REFORMED CHRISTLVN ESTATE OF THE
ANCIENT REALME OF SCOTLAND, SOULD NOT SETT UP THIS NEW
SORT OF BISHOPS IN THIS PRESENT PARLIAMENT, ETC.
" Cajj. 1.
" That the office of this new sort of Bishops is against the Word of God.
" Argum. 1.
" That the ministers of God, separated from the commoun
effaires of the world, sanctified and consecrated to the service of
1G06. OF THE KIRK OF SCOTLAND. 501
God, and salvatloun of his people, sould. have a publict office and
charge in the commoun wealth and worldlie effaires, is flatt repug-
nant to the Word of God, and particular places of Scripture fol-
lowing : — Numbers, cap. iii. v. 44, 45 ; Num. c. xviii. v. 6 ; Deut.
xviii. 12 ; Deut. x. 8 ; Acts xiii. 2 ; Rom. i. v. 1.
" These, and manie moe places of Scripture, prove the proposi-
tioun. Then, to assume : But if it is, these bishops are ministers
of God, by their professioun are counsellers in the commoun
wealth, lords in parliament and conventiouns of the estats, lords
of touns, barons of lands, &c. They runne to court, leaving their
ministrie, to get bishopricks which they have obteaned, with privi-
ledges of the old bishopricks, which they pride them in publictlie
in the sight of all, and presence of the greatest : therefore aU
against the Word of God.
" Argum. 2.
" That the ministers of Christ sould be distracted from preach-
ing of the word and doctrine is direct against the Scripture,
namelie, these places, Deut. xxxiii. 8 ; Luke ix. 59 ; Acts vi. 2.
Now, the arguments from these places conclude most strongelie
a comparatis. For if most necessarie, naturall, oeconomick, yea,
even ecclesiastick offices, as of elderships and deaconships, sould
not distract from preaching of the Word suche as have the gift and
calling thereto, muche lesse sould civill and worldlie offices and
effairs. But yitt, to insist with strait command and charge, and
most weightie exhortatioun and attestatioun, out of the Word : John
xxi. 15, 16, 17 ; 1 Tim. iii. 16. If, then, the love of Jesus Christ
be in the hearts of ministers ; if the care, attendance, and whole
occupatioun and exercise of them ought to be in reading, exhorta-
tioun, and doctrine, for the saving of themselves and others ; if
they sould preache the Word, improve, rebooke, exhort in seasoun
and out of seasoun, and make all tymes seasonable therefore, and
no tyme rightlie spent without that : And, finallie, if they thinke to
stand before that great Judge, in that fearefuU day of his appear-
ance in glorious and terrible majestic, as suche as have fuUie
502 CALDER wood's HISTOmE 1606.
approved that ministrie to their owne conscience, and the con-
science of others in the sight of God, lett them see how they may
be distracted with civill offices and effiiires ; and if so to be, be not
directlie against the Word of God, seing they sould be singers and
cheefe fathers of the Levits in the chambers of the Lord's hous,
having no other charge but to be occupyed in that bussincsse day
and night, 1 Chron. ix. 33.
" Arffum. 3.
" To make and esteeme the charge of soules so light, that there-
withal! another office, civill, publict, and worldlie, may be joynned
and borne, is direct against the Word of God, and particular parts
therof subsequent. But so doe the bishops, Ezech. xxxiv. 1 ;
Zach. xi. 17 ; Acts xx. 20 ; 1 Pet. v. 2, 8 ; 2 Cor. ii. 15 ; Heb.
xiii. 17. We may then boldlie of these Scriptures, and manie moe,
evidentlie shew and conclude that they never knew what the
charge of soules meant, that would joyne therewith a publict and
politick office and charge ; or if they knew it, they never weyghed
and felt it ; they are strangelic blinded, benummed, and miscaried
by Balaam's wages.
" Argum. 4.
*'The mixing, jumbling, and confounding of jurisdictiouns and
callings in ane person, which God distinguished in persons and
manor of handling, is against the Word. But so it is, that the
office of bishopric confounds the spirituall and civill jurisdictiouns
and callings in the person of one : Ergo, Num. xviii., ver. 4, 5.
*' The ministers, then, of God's service, and the civill rulers, are
strangers one to another, and sould not be confounded, under paine
of death, 2 Chron. xix. 11 ; Deut. xxii. 9. Doeth God play the
gairdiner, ploughman, or webster heere ; or is not this a ceremoniall
command, to eshew all mixture and confusioun in the Lord's vine-
yaird, feild, and shop, which is his kirk and people ? This also the
apostle, 1 Cor. cap. ix., teacheth us, citing that ceremoniall com-
mand, ' Thou sail not mussell the mouth of the oxe that tradeth
1606. OF THE KIRK OF SCOTLAND. 503
out the corne,' for the provisioun of the ministers of the kirk with
things temporall. And, finalHe, our Maister, in the Gospell, dis-
tinguisheth expressehe betuixt the things perteaning to God and
to Ciesar, saying, ' Give unto Cajsar that which is Ciesar's, and
unto God that which is God's.'
" Arffum. 5.
" That the officers of Christ's kingdome sould meddle with things
not perteaning to the kingdom of Christ, is aAAorg/o£T/(Txocs/f, to be
bussie-bodeis m maters impertinent to them, against the Scripture.
But civill and workUie offices and maters perteane not to the king-
dom of Christ, and yitt are medled Avith by these bishops : There-
fore, against the Scripture, Johne vi. 18 ; Johne xviii. 36. Remem-
bring the which confessiouu that Christ was a king, but his king-
dom was not of this world, the apostle Paul giveth a charge unto
Timothie, ' I charge thee (sayeth he) in the sight of God, who
quickeneth all things, and before Jesus Christ, who, under Pontius
Pilat, witnessed a good confession, that thou keepe this commande-
ment ;' meaning anent the whole discipline and ruling of the whole
kingdom of Jesus Christ, that is not of this world, sett doun by the
apostle in that epistle, 1 Tim. vi. 13 ; Johne viii. 11 ; Lucke xii.
13, 14. The civill and worldlie offices, then, have nothing to doe
with the kingdom of Christ in their persons, and are suchc as
natlier Christ nor his apostles ever tooke on, or would take upon
them.
" Argum. 6.
" That Christ's ministers sould beare worldlie pre-eminence,
bruike ambitious styles, and be called gratious lords, is against the
Word of God and speciall Scriptures underwrittin. But the office
of bishoprick bringeth in all these, wherin they pride themselves
against the Scriptures, Mat. ii. 3, 6; Lucke xxii. 15. Andin verie
deed experience proves, that these ambitious styles wherewith they
are honoured by heralds, flattered by a great number, and scorned
by farre moe, makes them (as the apostle speeketh of wedowes) to
504 calderwood's histoiue 1606.
grow wantoun against Christ, miskenning him, themselves, and
their calHng, to despise their equalls, and to presume over their
superiours.
" Argum. 7.
" That the souldiour of Christ sould be involved in the effaires
of this life, and ane bound to serve two maisters, is flatt repugnant
to the Word of God. But this office of bishoprick involveth them,
&c. Ergo, Num. iv. 3 ; 2 Tim. ii. 3, 4.
" It is evident by all these Scriptures, and a number moe which
may be brought furth, that the office of these bishops is repugnant
and direct against the Word of God. As for episcopall corrup-
tiouns, in usurping authoritie above the pastors of the kirk, and
arrogating to them the governement of the kirk, which appertean-
eth to the commoun care and counsell of the elders in assembleis
and presbytereis, by the Word of God, becaus they darre not
defend, I insist not to lay it out plainlie, but thinke it eneugh for
the present to quote these places of Scripture, and fathers following,
till we heare it brought in questioun.
" 1 Tim. iv. ; 1 Tim. iii. 1 ; Tit. i. ; Acts xx. ; 1 Cor. xii. ; 1 Tim.
V. ; Rom. xii. ; 1 Cor. v. ; 1 Thess. v, ; Heb. xiii. ; Matt. v. and
xviii. ; Acts xv. and xxi. ; Matt. xvi. ; Ephes. iv. ; 1 Pet. v. ; Matt.
xxiii. ; Luke xxii. ; Philem. i. ; Joh. xx. ; Acts xiv. 23. - Tertull.
Apologet. 39 ; Hieron. lib. ii. c. 3 ; Origines Hom. 7 in Josuam ;
Irenffius ad Victor. Cypr. lib. ii., epist., et lib. vi., epist., et ix. ;
Ambros. Serm. 11 ; Epiphanius contra Hrereses, Ha^res. 75 ; Au-
gust, de Cor. et Gratia, c. 5 ; Euseb. de Vita Constan., lib. iii. ;
Prosper, de Vitand. Corrup., lib. x. ; Chrysost. de Sacerdot., &c.
" Cap. 2.
" That suche a Bishopric is against tlie ancient canons of Kirk and
Councels.
"That the pastors and bishoi)s of the kirk sould sett themselves
1G06. OF THE KIRK OF SCOTLAND. 505
to politick administratioun and court efFalres, and be occupyed in
secular and worldlie maters, leaving their flockes, and follow tlie
puffed up pompe and glorie of the world, is against the ancient
canons of the kirk, namelie, these following ; which, as epitomes of
manie other to the like effect, we are content with for the present.
" Amongst these most ancient canons called the Apostles', the
80th canon is, ' Dicimus quod non opportet episcopum aut presby-
terum, politicis se administrationibus inimiscere, sed vacare, et
commodum se exhibere usibus ecclesiasticis ; animum igitur indu-
cito hoc non facere, aut deponitor. Nemo enim potest duobus
dominis servire.'
" Synod. Nicaena et Constant. — ' Nemo clericus, vel diaconus,
vel presbyter, propter causam suam, quamlibet intret in curiam,
quoniam omnis curia a cruore dicta est. Et si quis clericus in
curiam introeat, anathema suscipiat, nunquam rediqns ad matrem
ccclesiam.'
*' Synod. Calcedon. Q^cumenica Confes. 15 : — ' Ne episcopi aut
clerici rebus se politicis implicent, aut prtedia aliena conducant.'
** Sexta Synod. Univers. Constant, can. 8 : — ' Episcopis non com-
petit ecclesiastica aut politica eminentia. Episcopus aut presbyter
militia3 vacans, et volens utrumque principatum humanum et sacer-
dotalem dignitatem, deponitor. Nam qute Cajsaris sunt, Caesari,
et quffi Dei, Deo sunt danda.'
" Ex epist. Concilii Africani ad Papam Coelestinum : — * Ne fu-
mosum typhum seculi in ccclesiam Christi, quje lucem simplicitatis
et humilitatls videre cupientibus, aufert videamur inducere.'
" Synod. Macrensis : — ' Ne rex pontificis dignitatem, ne pontifex
regium potestatem, sibi usurpare praesumat : sic actionibus propriis
dignitatibusque a Deo distinguuntur, ut et Christian! reges pro
a3terna vita pontificibus indigercnt, et pontifices pro temporaliuin
rcrum cursu regum dispositionibus uterentur, quatenus spiritualis
actio a carnalibus distaret incursibus, et ideo, militans domino mi-
nime se negotiis secularibus implicaret ; ac vicissim, ne ille rebus
divinis pra3sidere videretur.'
" Synod. 4 Carthagincnsls : — •' Ut episcopus nallam rei familiaria
506 caldeewood's histoeie 1606.
curam ad se revocet, sed ut lectloni, et orationi, et Verbi, tantum-
modo pra3dicationi vacet.'
" Synod. Komana : — ' Universis clericis interdicimus, ne quls,
prsetextu ecclesiastics libertatis, suam de ca3tero jurisdictionem
extendat in prejudicium justicia; secularis ; ut quaj sunt Caesaris
reddantur Ca3sari, et qus sunt Dei Deo.'
" In the end and conclusioun of this point, we would beseeche our
brethrein who hunt for these bishopricks, and pretend muche for
them antiquitie, to weygh the words of Damasus, one of the old
bishops of the uncorrupt kirk of Rome, approved in the councell of
Neoca3sarea and Antiochia, in anno 371. Damasus et Concil.
Neocassar. et Antioch. anno 371 : — ' Episcopi qui secularibus
intenti curis, greges, chorepiscopis, vel vicariis commendant, viden-
tur mihi meretricibus similes, quaj statim ut pariunt infantes suos,
aliis meretricibus tradunt educandos, quo suam citius libidinem ex-
plore valeant. Sic et isti, infantes suos. 1. Populos sibi commis-
sos aliis educandos tradunt, ut suas hbidines expleant. 4. Pro suo
libitu, secularibus curis inhient, et quod unicuique visum fuerit
liberius, agant. Pro talibus enim anim^e negliguntur, morbi
crescunt, haereses et schismata prodeunt, destruuntur ecclesi^e,
sacerdotes vitiantur, et reliqua mala proveniunt : non taliter Domi-
nus docuit, nee apostoli instituerunt, sed ipsi qui curam suscipiunt,
ipsi peragant, et ipsi proprios manipulos Domino representent.
Nam ipse ovem perditam diligenter quassivit, ipse propriis humeris
reportavit, nosque idipsum facere perdocuit. Si ipse pro ovibus
tantam curam habuit, quid nos miseri dicturi sumus, qui pro ovibus
nobis commissis, curam impendere negligimus, et aliis eas edu-
candos tradimus. Audiant quajso quid beatus Jacob dixerit socero
suo : ' Viglnti annos fui tecum ; oves tuae et caprae steriles non
fuerunt, arietes gregis tui non comedi, nee captum a bestia ostendi
tibi : ego damnum omne reddebam, et quicquid furto perierat, a
me exigebas : die, noctuque, iestu urgebar et gelu, fugebat somnua
ab oculis meis.' Si ergo sic laborat, et vigilat, qui pascit oves
Laban, quanto labori quantisque viglliis debet intendere, qui pascit
1G06. OF THE KIRK OF SCOTLAND. 507
oves Dei ? Sed in his omnibus nos instruat, qui dcdit pro ovibus
suis aniniam.'
" Lett these bishops then in tyme byte upon this, who for one
preaching made to the people, ryde fourtie posts to court ; for a
daye's attending on the flocke, spend moneths in court, counsell,
parhament, and conventiouns ; and for a thought or word bestowed
for the weale of anie soule, cares an hundreth for their apparrell,
their traine, fleshlie pleasure, and goucked gloriositie ; or they sail
be bittin eteruallie with that worme that never deeth, when Christ
sail come, and call them to a compt of their dispensatioun.
« Cap. 3.
" That suche a Bislioprie is against the Doctrine of the Fathers and
Doctors of the Kirks, ancient and moderne.
" Their bookes are full of this mater, consonant to the holie
Scripture, and ancient councells and canons of the kirk ; onlie
therefore a few testimoneis for exemple's sake.
" Tertull. de Idolatria, cap. 18 : — ' Si potestatera nullara ne in
suos quidem exercuit Christus, quibus sordido ministerio functus
est ; si regem se fieri conscius sui regni refugit, plenissime dedit
formam suis, de rejiciendo omni fastigio et suggestu tarn dignitatis
quam potestatis ; quis enim magis his usus fuisset, quam Dei
filius ? Quales enim fasces producerent, quale aurum de capite
radiaret, nisi gloriam seculi ahenam, et sibi et suis indicasset.'
" Cyrillus in Joan. lib. 3, c. 20 : — ' Honor et gloria mundi
fugienda sunt iis, qui velint gloriam Dei consequi.'
" Ambros. in 2 Tim. ii. : — ' Ecclesiasticus idcirco Deo se probet,
ut hinc devotus ofBcium impleat. Quod spopondit in Dei rebus
solicitus, a seculari negotio alienus. Non enim convenit unum,
duplicem habere professionem.'
"Bernard, de Consideratione, ad Eugenium Papam, lib. 2,
c. 4 : — ' Apostolis interdicltur dominatus. Ergo tu usurpare aude,
aut dominus apostolatum aut apostolus domiuatum. Si utrumque
simul habere voles, perdes utrumque.'
508 CALDERAVOOD's HISTORIE 1G06.
" Idem : — ' Non monstrabunt ubi quisquam apostolorum ali-
quando judex sederit hominum, aut divisor terminorum, aut dis-
tributor terrarum. Stetisse dcnique apostolos judicandos, sedisse
judicautes non lego.'
" But to save the strip of this little treatise out of the great ocean
of the ancients, leaving Gregorius Nazianzenus, Basilius, and Epi-
phanius, of the Greeke, and Hieronymus Avith Augustine, cheefe of
the Latines, I will conclude with Gregorius the Great, Bishop of
Rome, who at the first entrie of the hierarchie in the kirk, and of
the tyrannic of the Antichrist, termes Johne of Constantinople his
forerunner, becaus that he usurped presumptuouslie above the rest,
taking to him the stile of Universall Bishop : —
" Gregorius ad Theotistam sororem. Imperatoris, de onere
curai pastoralis, lib. 8, Epist. 5 : — ' Miror quod in me coUatas
dudum continentias vestras ex hac moderna pastoralis officii conti-
nentia distraxistis, in qua sub colore episcopatus ad seculum sum
reductus, in qua tantis tcrne curis inservio, quantis me in vita laica
nequaquam deseruisse reminiscor; alta enim quietis mete gaudia
perdidi, et intus corruens ascendisse exterius vidcor. Nam quis
inter tot terrenas curas valeat Dei miracula pra3dicare, cum jam
mihi difficile sit saltem recolere ? pressus enim in hoc honore
tumultu secularium negotiorum ex eis mihi esse videor de quibus est
scriptum, Dejecisti eos dum allevarentur. Neque enim dixit, Deje-
cisti eos postquam allevati sunt, sed dum allevarentur. Quia pravi
quique cum temporali honore sufFulti, foris videntur surgere, intus
cadunt. AUenatio ergo ipsa ruina est, ut quia dum gloria falso
subnixi sunt, a gloria vera evacuantur. Hinc iterum dicit defi-
cientes, ut fumus deficient ; fumus, quippe ascendendo deficit, et
sese dilatando evanescit, Hinc rursus scriptum est, Deus mi pene
illos in rotam, quippe ex posteriore parte tollitur, et anterioribus
cadit. Posteriora autem sunt nobis bona, pra^sentis mundi, qua3
relinquimus ; anteriora vero sunt a^terna et permanentia, ad quce
vocamur Paulo attestante, qui ait, ' Qua) retro sunt oblitus, in ea
quce sunt priora, me extendens.' Mihi ha3C difficilia sunt, quia et
valde onerosa, et quod mens spontc non rcclpit, congi-ue non dis-
1G06. OF THE KIRK OF SCOTLAND. 509
ponlt. Ecce serenissiraus dominus Imperator fieri simlara leonem
jussit : et quitlem provisione illius vocari leo potest, fieri autem leo,
non potest.'
" So I end the testimoneis of the ancients with this saying of
Cyprian, which I would we sould straitlie hold, and accuratelie
defend, &c.
" Cyp. Lib. 1, epist. 8 : — ' Adulterum est impium, est sacrilegum,
est quodcimque hiimano furore instituitur, ut dispositio divina
violetur.'
" Now we sail subjoyne a few of the most godlie, learned, and
approved writters of the most cleere and lightsome age of the
Gospell, becaus there are so manie just and full treatises heere-
anent.
*' Joan. Calvin in Ep. 2, at Tim. ii. : — ' Semper pastorem memi-
nisse oportet veteris proverbii, ' Hoc age ;' quod significat serio
incumbendum, sacris ut studium ejus et intentionem nihil aliud
impediat.'
" Pet. Martyr in Loc. com. class. 4, c. 13 : — ' Distingui oportet
has fiinctiones, civilem et ecclesiasticum, quia utraque earum
seorsum totum hominem requirit, imo, vix ullus unquam repertus
est, qui alterutram recte obire posset, adeo est difficilis utraque
provincia.'
" Theod. Beza, Ep. 79 : — ' Sedet istud, mi Knoxe, te, casterosque
fratres velim meminisse, quod jam oculis pene ipsis obversatur.
Sicut episcopi papatum pepererunt, ita pseudo-episcopos (papatas
reliquias) epicureismum terris invecturos : banc pestem caveant,
qui salvum ecclesium cupiunt. Et cum illam in Scotia in tempore
profligaris, ne quajso illam unquam admittas, quantumvis unitatis
retinend^ specie (qua? veteres etiam optimos fefellit) blandiatur.'
" And of this opinioun cleerelie and fulHe are the Frenche and
Helvetian writters and kirks. As for the Germans, ye sail heare
their judgements shortlie, out of one of their most godlie and
learned writters.
" David Chy tragus in Matt, xviii. : — ' Non est autem regnum Christi
politia, sicut regnum mundanum quod constituitur et sustinetur,
510 caldeewood's histopje 1606.
gradibus personarum, potentia, authoritate, ferendarum legum,
armis et jiraesidiis, distlnctis poenis corporalibus, judiciis, ordinaria
successlone, &c. ; sed est splrituale regnum, in quo non est visibile
caput uni loco alllgatum, et ordinaria successione constitutura, ad
quod tota ecclesia alligata sit, sed unum ecclesias caput est Christus.
Deinde etiam si in ecclesia sunt gradus personarum et donorura,
&c. ; tamen quod ad potentiam politicam imperandi, ferendi leges,
cogendi, &c. ; attinet omnes. Inter se sunt aequales, et quidem
arithnietica a?qualitate. Nee inter episcopos quod ad dominium et
potestatem attinet, quisquam alio major est jure divino, ut Lucke
xxii., ' Reges gentium dominantur iis, vos autem non sic' Verus
igitur et solus gubernator ecclesite est, ipse Christus, sive verbum
Dei : hoc solo verbo regit Christus ecclesiam, non gradibus et
potentia personarum. Ex hoc loco Matt, xviii., intelligi potest,
quomodo regia pontificum et episcoporum dominatio, cum dominatio
cum evangelio congruunt.'
« Cajy. 4,
" That siiche a Bifihoprie is against the Doctrine of the Kirh of
Scotland preached these 46 yeeres.
" The doctrine that the preachers of Scotland have beene teach-
ing so manie yeeres, since the first reformatioun, yea, since the
first light of the Gospell brake furth in this realme, was directed
against all corruptiouns and abusses of the Roman Antichrist, and
adulterous kirk of Rome. But so it is, that the bishopric is one of
the greatest errours and con'uptiouns therof, and hath no argu-
ments of Scripture, fathers, counsells, nor reasoun, but the self-
same that the Papists use. For probatioun wherof, read Bellar-
mine the arch-jesuit, ' Qurest. de capite ecclesia3, et de membris,'
and conferre his arguments for the Pope and his hierarchic, with
Doctor Whitgift's against Mr Cartwright; and siclyke the rest
that write on that head. Secundlie, lett the auditors yitt living of
these notable preachers of the Kirk of Scotland glorifie God in this
mater, and ceasse not, as they love the honour of Christ, and weale
1606. OF THE KIRK OF SCOTLAND. 511
of his kirk, so long as they are able to speeke, to give an evident
and full testimonie what they have heard of Mr Knox, Mr Craig,
Mr Willocks, Mr Goodman, Mr Lawsone, Mr Eow, Mr Fergu-
sone, Mr Arbuthnet, Mr Eollock, Mr Durie, Mr Davidsone, INIr
Pont, and others most godlie, sincere, and learned men, who all
joynned with their continuall powerfull doctrine from pulpit, their
travells, yea, and sufferings, in dinging against that Popish cor-
ruptioun of bishops, till it was utterlie purged and expelled furth
of the kirk ; and who, now resting from their labom^s, yea, triumph-
ing in the heavens, have left the true discipline and governement
of the kirk and kingdom of Jesus Christ weill and firmelie estab-
lished and sattled within our kirk, the confortable effect wherof
hath beene wiselie and sincerelie injoyed unto these late dayes.
And praised be the name of our God and Christ, there want not
yitt successors both to their place and doctrine, able both by
preaching and penning to mainteane, yea, by his grace, not onlie
by imprissounment, povertie, contempt, and traducing of the world,
but by their blood to scale up the truthe of the same. And last,
the verie mouths of these now named bishops have beene scene
and heard preache and professe this veritie ; yitt, darre they preache
or professe otherwise under paine of apostasie ? Howbeit now,
craftilie holding both court and kirk in hand, they are like so to
proceed, that the part of Demas will plainlle kythe in the end.
" Cap. 5.
" That this Bishoprie is against the Confession of Faith, called the
King's Majestie^s Confessioun, sworne and svhscribed at two diverse
times, viz., in anno 1581, when it was first published, and again,
anno 1590 ; published with a generall band for the maintenance
of true religioun, and his Majesties estat and person, by his
Majestie, his Queene, and Houshold, and all estates of the realme,
" The words of that Confessioun for this purpose are these : ' We
abhorre and deteast all contrarie religioun and doctrine ; cheefelie,
512 calderwood's historik IGOG.
all kinde of paplstrie in general! and particular, even as they are
now damned and confuted by the Word of God and Kirk of Scot-
land ; and speciall, the Pope's worldlie monarchic and wicked hier-
archic, his crossing, anointing, &c. And finallie, we deteast all
his vaine rites, signes, and traditions, brought into the kirk, without
or against the Word of God and doctrine of this true reformed kirk ;
to the which we joyne our selves willinglie, in doctrine, faith, reli-
gioun, discipline, and use of the holie sacraments, as livelie mem-
bers of the same in Christ our head : Promising and swearing by
the great name of the Lord our God, that we sail continue in the
obedience of the doctrine and discipline of this kirk, and sail defend
the same according to our vocatioun and power all the dayes of our
lives, under the paines conteaned in the law, and danger both of
bodie and soule in the day of God's fcarefull judgements.' And
after a few lynes : — ' Wee, therefore, willing to take away all sus-
picioun of hypocrisie and double dealing with God and his kirk,
protest, and call the Searcher of all hearts to witnesse, that our
mindes and hearts doe fuUie agree with this our confessioun,
promise, oath, and subscriptioun. So that we are not moved fur
anie worldlie respect, but are perswaded onlie in our consciences,
through the knowledge and love of God's true religioun printed in
our hearts by the Holie Spirit, as we sail answere to Him in the
day when the secreets of all hearts sail be disclosed.'
" Then, if so be that the setting up of bishops will throw doun the
discipline of our kirk, or if that office hath anie thing to doe w ith
these corruptiouns of Papistrie and Antichristian hierarchic, the
king our soveran, his most excellent and Christian Majestic, and
his Hienesse' most ancient, religious, and noble estats of parlia-
ment, if there were no other reasoun but this one, would not for
all the world fall under the danger of so horrible a perjurie against
God, to sett up bishops again ; yea, and if it were no more but
respect of civill honestie, honour, and estimatioun before the world,
they would not be inferiour to Herod in releeving the religioun of
an oath, and great name of God interpouned, namelie, this Con-
fessioun of Faith being putt in print twise within the rcalme by
1606. OP THE KIRK OF SCOTLAND. 513
speciall command and priviledge, and translated in all vulgar lan-
guages throughout Europe, yea, and at his Majestie's coronatioun
in England, putt in Latine, and published a new again by that
commoun post of the world in our age, Mercurius Gallobelgicus.
But so it is, as all men know, that the discipline and governement
of the kirk, exercised by presby tereis and by bishops, are so opposed
one to another, that when the one is sett up, the other must doun
of force. Therefore, the subscribers and swearers of the former
Confessioun, if they sould (as God forbid) be about to sett up
bishops and episcopall governement, they could not eshew the
cryme of horrible perjurie, execrable apostasie, and most cursed
repairing again of Jericho ; from the which the Lord preserve his
most excellent Majestic and honourable estats of this present par-
liament. And if anie man doubteth what was the discipline of the
Kirk of Scotland at the first subscribing and swearing of that Con-
fessioun, lett them seeke the llegister of the Generall Assemblie
holdin at Glasgow, to the which it was presented, together with a
plattforme of the whole presbytereis to be established throughout
the realme by the Laird of Caprintoun, commissioner from his
Majestic to the said Assemblie, in the yeere of God 1581, they
sail find that the bishopreis were whoUie abolished in the Assem-
blie holdin at Dundie, the yeere immediatlie preceeding. So that,
without all questioun, it is meant of the discipline exercised by
presbytereis, synods, and Generall Assembleis, directlie oppouned
to the corruplioun and tyrannic of bishops, as was cleerelie defyn-
ned and ratified in parliament, after the secund subscribing a new
again of the said Confessioun in the yeere 1592. In end, seing
these same men who now would be bishops have once or twise
sworne and subscribed this Confessioun, it mervelleth me with
what forehead they can be about a purpose so quyte contrarie
thereto.
VOL. VI. 2 K
514 calderwood's nisTorjE 1G06.
" Cap. 6.
" That this office of Bishopric is against the constitutions of the
Kirk of Scotland in her Assemhleis.
" Maister Knox, following the light of holie Scripture and the
advice of Theodore Beza, as he had preached contiuuallie, so
Immediatlle before his departure he wrote to the Generall Assem-
blle conveenned at Stirllne In the yeere 1571, in these words :
' UnfaithfuU and tratours to the flockes sail yee be before the
Lord Jesus, If that with your consent, directlie or indlrectlle, yee
suffer unworthle men to be thrust in within the ministrle of the
kirk under what pretence that ever it be. Remember the Judge
before whom yee must make an accompt, and resist that tyrannic
as yee would avolde hell's fire.' And this letter is registred in the
acts of the said Assemblie.
'' In the Generall Assemblie conveenned at Edinburgh In Marche
1572, Mr Johne Spots wod, Superintendent of Lothlane, gave in
this article : — ' It is nather agreable to the Word of God nor
practise of the primitive kirk, that the splrltuall adminlstratloun of
the Word and sacraments, and the ministration of the civill and
crimiuall justice, sould be so confounded, that one person may
occupie both the cures.' Wherefore the whole Assemblie refused
the Erie of Morton, then regent, his desire, to make ministers
sessioners in the Colledge of Justice. From that Assemblie unto
the Assemblie holdin at Dundle, 1580, the corruptioun of the
bishopric was more and more espyed, untill the tyme the whole As-
semblie being rypelle advised and finallle resolved, all In one voice
yeelded as folio weth : — ' Forasmuche as the office of a bishop, as it
is now used and commounlle taikin within this realme, hath no
warrant, authorltle, nor ground In the Word of God, but is brought
in by the follie and corruptioun of man's Inventloun, to the great
o^ erthrow of the Ivirk of God, the whole Assemblie in one voice,
after libertie givin to all men to reasoun In the mater, nor.e opponing
1606. OF THE KIRK OF SCOTLAND. 515
himself in defending the said pretended office, finds and declairs
the same pretended office, used and termed as is above said, unlaw-
ful! in it self, as having nather fundament, ground, nor warrant, in
the Scriptures of God ; and ordeanes, that all suche persons as
bruike or sail bruike heerafter the said office, sail be charged sim-
plie to dimitt, quite, and leave off the same, as an office whereunto
they are not called by God. And siclyke, to desist and ceasse
from all preaching of the Word, ministratioun of the sacraments,
or using anie way the office of pastors, whill they receave de novo
admissioun from the Generall Assemblie, under the paine of excom-
municatioun to be used against them. Wherin, if they be found
disobedient, or contraveene this act in anie point, the sentence of
excommunicatioun, after due admonitiouns, to be executed against
them.' The yeere following, 1581, a forme of establishing presby-
tereis throughout all the shyres of the realme was sent from his
Majestic to the Generall Assemblie conveenned at Glasgow, and
commissioners both from his Majestic and the Generall Assemblie
nominated and ordeanned to plant presbytereis in all parts con-
venient. The which being done, not onlie ceassed all ruling of
bishops, but also in the Generall Assemblie at Edinburgh, in
August 1590, all commissioners from Generall Assembleis appointed
for visitatioun of provinces, were ordeanned to ceasse where pres-
bytereis were planted, to roote out all danger of tyrannic and
authoritie of sole governement within the kirk ; and that becaus
they perceaved that sort of sole governement to be against the
Word of God, and that Jesus Christ had ordeanned his kirk to be
ruled by the commoun care and councell of his lawfullie called
pastors, doctors, elders, and deacouns, in their meetings and assem-
bleis. And where some that know not may thinke that these
Generall Assembleis, at which the king's Majestic was present,
holdin since the 17th day of December 1596, hath altered these
constitutiouns, there is no suche thing. Therefore, leaving off how
maters proceeded since that tyme, as knoAvne to the whole realme, I
will onelie sett doun out of the Register of the kirk what was done.
"The Generall Assemblie holdin at Dundie, March 1597, Sess.
516 calderwood's historie 1606.
11, 'The Generall Assemblle votes, finds, and concluds, that it is
necessarie and expedient for the weale of the kirk, that the minis-
ters, as the thrid estate of the realme, in name of the kirk, have
vote in parliament.' Sess. 12, ' Concerning the number of the
ministers that sould have vote in parliament in name of the kirk,
it was likewise concluded and thought expedient, that als manie of
them sould be chosin for the vote in parliament, as were wount of
old m tyme of the papisticall kirk to be bishops, abbots, and
pryours, that had the like libertie, viz., to the number of fiftie-one
or thereby.' Item^ After reasoning, it was voted and concluded,
that the electioun of suche of the ministrie as sould have vote in
parliament ought to be of a mixed qualitie, and apperteaneth
partlie to his Majestic, and partlie to the kirk.
"In the Generall Assemblie at Montrose, 1600, in Marche,
Sess. 6, ' Concerning the maner of choosing of him that sail have
vote in parliament in name of the kirk, it is condescended upon,
that he sail be first recommended by the kirk to his Majestic, and
that the kirk sail nominat six for everie place that hath need to be
filled, of whom his Majestic sail choose one whom he best likes ;
and his Majestic promises, obliges, and binds himself, to choose
none other but one of that number. And incace his Majestic
refuse the whole, upon a just reason of insufficiencie, or greater
sufficiencie of others that are not recommended, the Assemblie sail
make a new recommendatioun of men, according to the first num-
ber. Of the which, one by his Majestic sail be chosin, without
anie further refusall or new nominatioun. And he that sail be
chosin by his Majestic sail be admitted by the synods. It is con-
cluded, that the Generall Assemblie sail have the nominatioun or
recommendatioun of him that in name of the kirk sail vote in
parliament, who sail take the advice of the synods and presbytereis
theranent, directed from them in wi'itt. And the synods sail have
libertie to nominat, als weill within the province as without, pro-
viding that if there be a man within the province meete for the
place, ccEteris paribus, he be preferred to anie other. Anent his
rent, it is advised with one consent, that the kirks being planted
sufficientlie, the colledges and schooles alreadie erected not pre-
1606. OF THE KIRK OF SCOTLAND. 517
judged, that the king sail provide him to all the rest, that may be
obteanned of that benefice where he is preferred."
THE CAUTIONS.
" As to the cautions to keepe him that sail have vote in parlia-
ment from corruption, they be these following : —
" 1. That he presume not at anie tyme to propone at parliament,
counsell, or conventioun, anie thing in name of the kirk, without
an expresse warrant and directioun of the kirk, under the paine of
depositioun from his office. Nather sail he consent or keepe silence
in anie of the said conventiouns, to anie thing that may be prejudi-
cial! to the weale and libertie of the kirk, under the said paine.
" 2. He sail be bound at everie Generall Assemblle to give an
accompt anent the discharge of his commissioun since the Assem-
blie going before ; and sail submitt himself to their censure, and
stand to their determinatioun w^hatsoever, without appellatioun ;
and seeke and obteane ratificatioun of his doings at the said
Assemblie, under the paine of infamie and excommunicatioun.
" 3. He sail content himself with that part of the benefice which
sail be givin to him by his Majestic for his living, not hurting or
jirejudging the rest of the ministers of the kirk within his benefice,
planted or to be planted, or anie other minister of the countrie
whatsoever. And this clause to be insert in his provisioun.
" 4. He sail not delapidat in anie way, nather sett nor make
dispositiouu, without the speciall advice and consent of his Majes-
tic and Generall Assemblie. And for the greater warrant iherof,
he sail interdict himself not to dilapidat his benefice, nor consent
to delapidatioim therof, made by others to the Generall Assemblie,
and sail be content that inhibitions be raised on him to that efiect.
" 5. He sail be bound faithfullie to attend upon his owne par-
ticular congregatioun where he sail be minister, in all the points of
a pastor ; and heeranent, sail be subject to the try ell and censure of
his owne presbyterie and provinciall assemblie, as anie other minis-
ter that beares not commissioun.
" 6. In the administratioun of discipline, collatioun of benefices,
518 CALDERWOOL>'S HISTORIE 160G.
visitatioun, and all other points of eccleslasticall governement, he
sail nather usurpe nor acclame to himself anie power or jurisdictioun,
farther than anie other of the rest of his brethrein, except he be em-
ployed by his brether, under the paine of deprivatioun. And incace
he usurpe anie part of the ecclesiasticall governement, and the pres-
bytereis, Synodall or Generall Assembleis oppone and make anie
impediment thereto, whatsoever he doe after that impediment, to
be null ipso facto, without anie declaratorie.
" 7. In presbytereis, provinciall and Generall Assembleis, he sail
behave himself in all things, and be subject to their censuring,
as anie of the brethrein of the presbyterie.
*' 8. At his admissioun to his office of commissionarie, these and
no other points necessarie, he sail sweare to subscribe and fulfill,
under the penalteis foresaid, and otherwise not to be admitted.
" 9. And incace he be deposed by the Generall Assemblie,
synod, or presbyterie, from his office of the ministrie, he sail also
tyne his vote in parliament ipso facto, and his benefice sail vaike.
" And further cautions to be made, as the kirk pleaseth and
findeth occasioun.
" Anent his name, that for the kirk sould vote in parliament, it is
advised by uniforme consent of the whole brethrein, that he sail be
called Commissioner of suche a place.
" It is also statuted and ordeaned, that none of them that sail
have vote in parliament sail come as commissioners to anie Gene-
rall Assemblie, nor have vote in the same in anie tyme comming,
except he be authorized with a commissioun from his owne presby-
terie to that effect.
" It is moreover found by the Assemblie, that crimen ambitus
sail be a sufficient cans of deprivation of him that sail have vote in
parliament.
Sess. 8. " The Generall Assemblie having reasouned at lenth the
questioun, anent his commissioun who sail have vote in parlia-
ment, whether he should endure for his lyfetyme, except some
crime or offence interveene, or for shorter tyme, at the pleasure of
the ku'k, finds and decernes, that he sail annuatlm give a compt of
160G. or THE KIKK OF SCOTLAND. 519
his commissioun obteanned from the Assemblle, and lay doun the
same at their feete, to be continued or altered therefra by his Ma-
jestie and the Assemblie, as the Assemblie, -with consent of his
Majestie, sail thinke expedient to the weale of the kirk. Whose
whole conclusiouns being read in audience of the Avhole Assemblie,
and they being rypelie advised therewith, ratified, allowed, and
approved the same, and thought expedient that the said cautions,
together with suche others as sail be concluded upon by the
Assemblie, sail be insert in the bodie of the act of parliament that
is to be made, for confirmation of vote in parliament, to the kirk,
as most necessarie and susbtantiall parts of the same.
" Then breeflie to assume and conclude : But so it is, that these
newLord Bishops, nather in the entrie to their office, nor yitt in their
behaviour therin hitherto, have keeped one jote of these constitu-
tiouns and cautiouns, but have brokin all. Therefore suche rowmes
and offices sould not be confirmed to them in this present parlia-
ment.
" Cap. 7.
" That the office of Bishopric is against the laices of this realme.
" Our soverane, the king's most excellent Majestie, came into the
world, and entered to his kingdom of this realme, with the cleere
light of the gospell, and the establishing of a reformed kirk ; and,
therefore, as a most godlie and Christian prince, hath in all his parlia-
ments confirmed, ratified, and approved the freedom and libertie of
the true kirk of God, and religioun publictlie professed within his
Majestie's realme ; as in his first parliament, holdin by his Majestie's
good regent, the Erie of Murrey ; likewise in his Ilienesse' secund,
holdin by his grandfather the Erie of Lennox. The same is ratified
in the first act of his first parliament, holdin after the taking of
the governement in his Hienesse' owne persoun. Also, in the first
of his sixt parliament, holdin at Edinburgh, the 20th of October
1579. * Our soverane lord, with advice and consent of his tlu-ee
cstats, and whole bodie of this present parliament, ratifieth and
520 calderwood's historie 1606.
approveth all and whatsoever acts and statuts made of before by
his Hienesse, with advice of his regents, in his owne raigne, or his
predecessors, anent the libertie and freedom of the true kirk of
God, and religioun now presentlie professed within this realnie.
And speciallie,' &c.
" The secund act of the same sixt parliament is expresslie for
the jurisdiction of the kirk, which is there said to consist and stand
in the preaching of Jesus Christ, correctioun of maners, and admin-
istratioun of the holie sacraments ; and declares, that there is no
other face of a kirk, nor other face of religioun, than is presentlie,
by the favour of God, established Avithin this realme ; and that there
be no other jurisdictioun ecclesiasticall acknowledged within this
realme, other than that which is and sail be within the same kirk,
or that which floweth therefra concerning the premisses.
" And in his Majestie's seventh parliament at Edinburgh, Octo-
ber 1581, in the first act, there is a generall ratificatiouu of the
libertie of the true kirk of God, and confirmatioun of all the acts
and lawes made to that effect before, by particular rehearsall and
catalogue ; and amongst the rest, ' The ratificatiouu of the libertie
of the true kirk of God and religioun,' and anent the jurisdictioun
of the kirk of God, twise. And after the king's perfyte age of
twentie-one yeeres, in the elleventh parliament at Edinburgh, Julie
1587, there is a cleere and full ratificatioun of all lawes made anent
the libertie of the kirk.
" Now, if anie will say. What are all these acts against the
bishops ? I say, direct, for whatsoever is for the ministers, presby-
tereis, and assembleis, is against the bishops. But so it is, that all
these acts are for them ; becaus, as we have shewed, the doctrine
and constitutions of the ministers and assembleis hath beene, ever
since the reformatioun, against the corruptiouns of bishops, and
that is the freedom, libertie, and discipline of the ku-k, which is
confirmed. For verificatioun wherof, we allcdge, first, the Con-
fessioun of Faith, confirmed by parliament, and registred among
the acts therof, wherin the nynteenth article anent the notes of the
true kirk, yee have last, ' Ecclesiasticall discipline uprightlie minis-
1606. OF THE KIRK OF SCOTLAND. 521
tred, as God's Word prescribed.' But so it is, that out of the
Word, the doctrine of the ministers hath beene against the bishops,
as also the discipline sett doun in the Generall Assembleis. Nixt,
that first act of his Majestie's sixt parliament, ' Our soverane lord,
with advice of his three estats, and whole bodie of this present
parhament, hath declared and declareth, the ministers of the blessed
Evangell of Jesus Christ, whom God of his mercie has now raised
up among us, &c., to be the true and holie kirk.' Thridlie, that
goldin act, which cleerelie crowneth and formallie concludeth the
cans, viz., the first act of the 12 parliament of King James the
Sixt, at Edinburgh, Junij 1592, entitulated, * Ratificatioun of the
libertie of the true kirk, of generall and synodall assembleis, of the
presby tereis, of discipline,' which speeketh this plainlie in the end,
* Item, Our soverane lord, and estates in parliament foresaid, abro-
gateth, casseth, and annulleth the act of parliament made in anno
1584, granting commissioun o B, and other judges constituted in
ecclesiasticall causes, to receave his Hienesse' presentatioun to
benefices, and give collatioun therupon, and putt order in all causes
ecclesiasticall; which his Majestic and estates foresaid declare to
be expired in it self, and to be null in tyme comming, and of none
availe, force, nor effect : And therefore ordeanes all presentatiouns
of benefices to be directed to particular presbytereis in all tyme
comming, with full poAver to give collatioun therupon, and to putt
order to all maters and causes ecclesiasticall within their bounds,
according to the discipline of the kirk.'
"And finallie, the act of annexatioun of the temporalitie of the
benefices to the ci'owne, of necessitie demolishes and beateth doun
all the bishops. James YI. Pari. 12, cap. 29.
« Cap. 8.
" That they are against the honour of God and his Christ.
" The standing for the maintenance of the kingdom of God,
and whom he has anointed his King upon his holie mountaine, the
Lord Jesus Christ, is to their honour; like as to slyde from it, and
522 calderwood's histoeie 1606.
leave it to follow after the world, is against the honour of God
and Christ. To heare the Word of God, and to doe it, is the
speclall honouring of God, and of that great pastor of the sheepe,
the Lord Jesus Christ ; as by the contrare, the rejecting of his
Word, and casting it off behind their backe, is his dishonour. And
finallie, to build and plant with God, is to honour him ; so, to
cast doun and roote out that which, by the ministrie of his notable
servants, he has builded and planted, is to his high dishonour.
But so it is, as I have verified and shewed, that bishoj)ricks make
men to slide away from his Word, and cast it behind their backe ;
and finallie, to cast doun and roote out that which Christ's faithfull
servants have bigged and planted, even that sinceritie of the
gospell, and freedom of the Kirk of Christ, brought to suche per-
fectioun, and so weill established, and left unto us by them ; and
so, with the scribes and Pharisees, to seeke the glorie of men rather
than of God, and to seeke honour one of another, and not to
honour Christ, nor to seeke to be acceptable unto him.
" And is it not, alas ! a horrible dishonouring of God, and the
preaching of his blessed veritie, to flatter men, and anoint their
filthie flesh with earthlie honour, wealth, and sensualitie, to make
Christ's holie ministers to be loathed, slandered, and evill spokin
of? And as the Lord rebooked Eli the preest, and his sonnes,
whose sinnes were great before the Lord, in making men to abhorre
the Lord's ministers and ofl'erings, therefore, the Lord threatned
him by Samuel, saying, ' Wherefore have yee kicked against my
sacrifice and my offerings, which I commanded in my tabernacle,
and honours your children above me, to make your selves fatt of
the first fruicts of all the offerings of my people Israel ?' Wherefore
the Lord God of Israel sayeth, ' I said, thy hous, and the hous of
thy fathers, sould walke before me for ever. But now, the Lord
sayeth, it sail not be so ; for they that honour me, I will honour,
and they that despise me, sail be despised.' ' And now, O yee
preests, (cryed Malachie,) this commandement is for you : if yee
will not heare it, nor consider it in your heart, to give glorie unto
my name, I will even send a curse upon you, and will curse your
1606. OF THE KIKK OF SCOTLAND. 523
blessings, yea, I have cursed them ah'eadie, becaus yee doe not
consider it in your hearts. Behold, I will corrupt your seed,
and cast doung upon your faces, even the doung of your solemne
feasts, and yee sail be like unto it ; and yee sail know that I have
sent this commandement unto you, that my covenant which I have
made with Levi might stand, sayeth the Lord of Hosts. My
covenant was with him of life, and peace, and equitie, and he did
turne manie away from iniquitie ; for the preest's lippes sould
preserve knowledge, and they sould seeke the law at his mouth,
for he is the messinger of the Lord of Hosts. But yee are gone
out of the way, yee have caused manie to fall by the law, yee
have brokin the covenant of Levi, sayeth the Lord of Hosts ;
therefore, I have also made you to be despised and vile before all
the people, becaus yee keepe not my Avaycs.'
" Cap. 9.
" That tJiis Bislioprie is against the honour and wcale of the
King's Majestie.
" Is it not the king's weale and honour to honour God, to love,
feare, and obey him, to be wise and learned ; to serve God in feare,
and rejoice in trembling ; to kisse the Sonne, least he be angrie ;
to be a nursefather to the kirk ; to be an avenger of all breakers of
God's holie law, and misorders against his manifest Word and
truthe ; and, in a word, to raigne in Christ, by Christ, and with
Christ ? And is it not against his honour and weale, to draw him
from the same ? Is it not the weale and honour of his Majestie, to
hold himself in the favour of God, and that reverent love and
good estimatioun of all that feare God unfainedlie, and love the
Lord Jesus Christ, by holding fast that profession of the sinceritie
of the Gospell, in doctrine and discipline, wherof his Hienesse and
kingdom in this yland, namelie, have found profite and conforf, that
all the godlie this day triumph in, all the wicked invy ? Europ is
astonished with admiratioun, at that unioun of these kingdoms
under one God and Christ, one king, one faith, one law ; and under
524 calderwood's historie 1606.
his Majestle's advanced and highlie lifted up throne, farre above
all kings' throns in Christendome, in this respect, and for this
cans, namelie, that his Hienesse was borne and entered to raigne
at the light and sinceritie of the Gospell, hath raigned so long, so
happilie, so peaceablie, with the same ; and he and his posteritie,
in hope and good appearance, holding fast the same, to raigne most
blessedlie even to that appearance of Christ, the King of kings,
from the heavens. Is it not his Majestie's weale and honour, to
stand fast to that Confessioun of Faith, sworne and subscribed by
his Hienesse, for good exemple to his houshold, estats, and all his
subjects, extant in all languages, affixed, as it were, upon the most
high pillar in the great theater of Europ, testifeing and proclaim-
ing to all, his Majestie's pietie, sinceritie, and zeale to the Gospell
of Christ and his kingdome, against all corruptioun and thraldome
of the Antichrist of Rome, and against his weale and honour tliat
leadeth him to the contrarie ? Is it not the weale and honour of his
royall Majestic, to have all the hearts of the most sincere Protes-
tants, and professors of the holie Evangell, not onlie throughout
Great Britaine, but also France, Germanic, Switzerland, and
Sweden, to be, as it were, the heart of one man ; to wair all their
blood for his Majestie's safetie in persoun, encreasse in honour, and
stabilitie in estat, be holding fast unaltered or mixed the sincere
simplicitie of the Gospell and doctrine, sacraments, and discipline,
which they have so long professed with his Majestie, and against
the which, what cursed force or bussinesse was ever able to pre-
vaile, unto this houre ? And, finallie, is it not his Majestie's weale
and honour, to be safe and free from the falshood, flatterie, and
crueltie of ambitious avarice, which hath brought manie notable
eniperours, kings, and princes, to tragicall ends, corrupted sincere
kirks, and overthrowne floorishing commoun wealths ? And, verilie,
this venome and poysoun of humane bishops, degenerating into
satanicall, hath filled the ecclesiasticall and civill historeis full of
suche effects : the smallest haire of root and pickle of seed is,
therefore, to be fanned away, and plucked out of all kirks, king-
doms, and commoun wcalthes. This, the godlie wisdome, quicke-
1606. OF THE KIRK OF SCOTLAND. 525
nesse of witt, prudencie, and sagacltie of the king, who is as an
angell of God, can weill marke, and take up afarre, both to beware
of it where he hath found it, and can not weill amend it, and not
to permitt to creepe into the feild, so carefullie and cleane purged
therefrom.
" Thus, passing over the impairing of the king's patrimonie, and
manie moe things ag-ainst his Hienesse' weale and honour for
breviteis sake, I end this point, not doubting but his Majestic is
alwise mindefuU of that declaratioun so cleerelie, godlie, and elo-
quentlie penned, and subscribed by his Hienesse' owne hands, at
his Majestie's parliament holdin at Linlithquo, in December 1585.
The conclusioun wherof is most worthie of remembrance at this
tyme, for that by forgetting that these who seeke episcopall digni-
tie, seeke the hurt and dishonour of his most renownned Majestic :
* Then shortlie to end this my declaratioun, I minde not to cutt
away anie libertie granted by God to his kirk. I acclame not my
self to be judge of doctrine in religioun, salvatioun, hereseis, or
true interpretatioun of Scripture,' &c. And in end — ' My inten-
tioun is not to meddle with excommunicatioun, nather acclame I
to my self or my heires power in anie thing that is mere ecclesias-
ticall ; nather to meddle in anie, that God's Word hath simplie
devolved in the hands of the kirk. And, to conclude, I confesse
and acknowledge Christ Jesus to be Head and Lawgiver to the
same ; and whatsoever persons doe attribute to themselves, as head
of the kirk, and not as members, to suspend or alter anie thing that
the Word of God hath onelie remitted to his kirk, that man, I say,
committs manifest idolatrie, and sinnes against the Father, in not
trusting the words of his Sonne ; against the Sonne, in not obey-
ing him, and taking his place ; and against the Holie Ghost, the
said Holie Spirit bearing contrarie record to his conscience.'
" Certanelie, thus honouring God and Jesus Christ, his Hienesse
sail be weill and honourable, according to that promise, ' I will
honour him that honours me. '
526 calderwood's historie 1G06.
" Cap. 10.
" T?iat this Bishopric is against the honour and iceale of the realme.
" Wherin hath stood thy honour and weale, O Scotland ! these
46 yeeres and above? Was it not, in the judgement of all that
judgeth rightlie, in the sinceritie of the Gospell, and freedom of
Jesus Christ's kingdom estabUshed so notablie within thee, with
so small blood and trouble? Since that Gospell of peace came
within thee, thou has had no forraine wars, and all commotiouns
within thy self have beene easilie settled, God being in the middest
of thee, and bringing evident judgements upon all that lifted their
head, or moved their tongue against his kirk. And sail thou
become so foolish and bewitched, as not to hold fast that veritie,
having had Christ so cleerelie painted furth before thy eyes, as if
thou, with the same, had seene him crucified ? Sail thou, with these
foolish Galatians, beginne in the Spirit, and end in the flesh ?
Will thou follow them of whom the apostle weeping, doeth write,
that * they are enemeis to the crosse ; whose end is destructioun,
(or damnatioun,) whose God is their bellie, whose glorie is their
shame ;' earthlie-minded men, who seeke not the glorie of Christ,
nor safetie of the soules of thy people, but to be thy guiders and
misguide thee, to be thy conductors and seduce thee ; to make thee
to sinne against God after the maner of the goldin calves at Dan
and Bethel, that so the Lord may be incensed, and cast thee away
from his face ? They seeke glorie amongst men, and one of another,
and so, nather can beleeve and trust in Christ themselves, nor
make thee doe it and be safe. Surelie, for wealth and honour
worldlie, thou was never comparable to other natiouns. But the
Evangell planted in thee, was that crowne of thy glorie that
decored thy head, and sett it up above all realmes and kingdoms
upon the face of the earth.
" Hearken, deere mother, what the Lord said unto his people
Israel of old, and take it now to be spokin to thee : ' Aske from the
tymea of old that have beene before thee, even from that day that God
160G. OF THE KIRK OF SCOTLAND. 527
created man upon the earth, from the one end of the heaven unto
the other, if there was done suche a thing as this is, or if there hath
beene heard the like of it ; if anie God hath assayed to come and
take unto him a natioun out of the middest of another natioun,
Avith proofFes, and signes, and wonders, with war-strong hand and
stretched out arrae ; finalUe, with most great terrours, according
to all that Jehovah hath done for you, even your God, to bring
you out of the land of Egypt ? What nation is lyke thy people
Israel in all the earth, which for to be a people went to redeeme,
and hath gone to gett himself a name, and to worke these great
things, and mightie reverentlie to be admired, expelling from the
face of thy people, whom thou redeemed to thee out of Egypt, the
nations and their gods. For thou hast established thy people
Israel, that it may be a people unto thee for ever, and thou,
Jehovah, their God : Who telleth his word to Jacob, his statutes
and lawes to Israel. He hath not done so to anie natioun : there-
fore they know not these lawes. Praise yee the Lord.' (Deut.
iv. ; 2 Sam. vii. 23, 24 ; Psalm cxlvii.)
" Was not Papisti-ie thy Egypt, Scotland, and did not the Lord
deliver thee out of it ; and saving thee from that tyrannic and
thraldome, brought thee unto a pleasant Canaan of his Gospell, to
serve him in spirit and truthe, and that in suche a maner and
forme, as the like was never heard nor scene ? And no lesse mira-
culouslie has he made thee to dwell therin, so long, so safelie, so
freelie. And sail thou then goe, and make to thee other captans
by Moses and Aaron, yea, contemning them, thy lawfull preests
and Levits, to leade thee backe again into Egypt ? God forbid !
But so it is, (deere native countrie,) your Seers see, and your
watchemen give you a faithfuU wairning, ciying to you, that the
episcopall hierarchic is verie Papistrie and spirituall Egypt, how-
beit by the pollcie of men otherwise busked, attired, and dressed,
to take the foolish and simple with all. It is no other thing in the
substance therof, taikln from the last and grossest doing of Anti-
christ ; making the kingdom of Christ to be of this world ; turning
the spirituall worshipping of God in outward toyes and ceremoneis ;
528 calderwood's htstorie 1606.
bringing the pompe of the world into the simple and humble kirk ;
yea, corrupting the fountaines of the waters of life, and empoyson-
ing the food of the soules, to worke dangerous sickenesses, and
deadlie diseases, amongst thy sonnes and daughters. The whole
pulpits have sounded unto you so manie yeeres, and yitt continue
to sound, where they are not emptied or terrified by their tyrannic.
Admitting that bishopric again, lost is your honour, wracked is
your wealefare, and gone is your grace and garland of heavenlie
and spirituall glorie for ever. Forgett not the first essay of their
good service in parliament to God, the kirk, and commoun wealth,
in giving their votes and suffrages to the seventeene erectiouns of
the prelaceis and livings of the kirk in temporall lordships, to
attaine thritteene romiged and dilapidated bishopricks, as was
reported and compleaned upon to the king's Majestic and his coun-
sell, at Hampton Court, 1606.
" Cap. 11.
" Xliat Bishopric is against the constitution and settled estat of the
kirk and kingdom, and so most dangerous.
" It is an axiome approved in experience and policie, * Quod
omnis mutatio relpublicae est periculosa, etiamsi in melius :' how
muche more in deterius ? The reasoun then holdeth thus : All
dangerous doings for the estat and commoun wealth are to be
eschewed. But change is dangerous, namelle, from suche an estat
which is conforme to the Word of God, good lawes, and constitu-
tiouns, the judgement of the holiest and best learned ancient and
moderne, the best estat of the primitive kirk, and best reformed
kii'ks from corruptioun of Papistrie, to an estat plaine contrarie ;
and so most perverse and pernicious. For lett lawyers and poli-
tiques reasoun and judge the civlll part for the estat of the king-
dom, we darre boldlie conclude, as we have evidentlie proved, that
it is pernicious for the kirk of Jesus Christ. And that which
is pernicious thereto, can never stand with the good estat of a
Christian kingdome and godlie commoun wealth. It is so cleere
1606. OF THE KIRK OF SCOTLAND. 529
in the historeis and miserable experience of these last ages of the
world, that it needeth no probatioun, being acknowledged and
aflfirmed by all Protestants, that the Popish hierarchic, and usur-
patioun of both the swords, hath brought the Roman empyre, and
all kingdoms and commoun wealths in Europ that have not resisted
the same, to abominable and most filthie servitude and slaverie in
their goods, bodeis, and soules. And these who have cast off the
yoke of that boundage, and resisted therunto, have beene involved
in bloodle battells, and had great feare and adoe to keepe them
safe from the most craftie and cruell practises of that pestilent
throne of kirk ambitioun and avarice. And sail the dregs, or
rather sprowttings therof, be brought in again into Scotland ?
Sail these siplings and sprowttings be taikin up, and sett with
guiding again in the Lord's vineyard, to grow up to seede, to shake
and overgrow the same? Or sail these dregges be cast in a
limbique, and suche aquavitie to be drawne therof, as will make
the braines of all giddie that taste therof? Sail these cockatrice
egges be hatched in our kingdom of new, wherof all kings, king-
doms, and estats, that have eatin therof are dead in sinne, and
spirituall and temporall slaverie, and suche as have beene sparked^
therewith, doe cry as if they were stung with a viper ? The Lord
save our kirk, kingdom, and king, from suche sparkes !
" We have produced before, the lawes of our kingdom, the con-
stitutiouns of our kirk, the doctrine and confessioun therof, wher-
unto all the members, both of kirk and commoun weale, and
kingdom, have solemnelie sworne and subscribed, and which hath
beene professed, established, and stood in our kirk and kingdom
almost now an whole jubilee of yeeres. To all the which this
bishopric, this usurpatioun of both offices, civill and ecclesiasticall,
the temporall lordship, the earthlie dominioun, the worldlie vaine
pompe, and the most dangerous invasloun of governing both court
and kirk, is most repugnant. And yitt, notwithstanding, the
walls of our Troy, which were builded by the finger of God, must
be demolished ; and we, with our owne hands, hale in that devilish
1 Sprinkled.
VOL. YL 2 L
530 calderwood's histoeie 1G06.
Grecian hors within the Lord's citie, to sett it all on fire. O mad
follie ! O terrible judgement, for the contempt of the Gospell, and
fruictlesse abuse of the freedom therof, so long, so liberallie, and so
gloriouslie bestowed on Scotland !
" Cap. 12.
" This Bishopiie is against the honour and iveale of the Noble Estats
of Parliament.
" The honour and weale of the noble estats of parliament, namelie,
since the light of the Gospell shynned in our darke natioun, was,
to have the Kirk of God, and libertie of this most ancient king-
dom in speciall ; carefull regard to make good lawes in favour of
the same, and to see them have life and vigour by due executioun ;
and for that effect, to have a solemne and free advice and vote,
without the which nothing sould passe and be efFectuall, by anie
convoy, plott, or practise whatsoever. But sett me up these
bishops once, (called long since the prince's led-horse,) things, if
they were never so unlawfull, unjust, ungodlie, and pernicious to
kirk and realme, if they sail be borne furth by the countenance,
authoritie, care, and endeavoure of the king, (supposing suche a
one as, God forbid, come in the roome of our most renowned
soverane ; for as to the best have often tymes succeeded the
worst,) they sail be caried through by his bishops, sett up and
interteanned by him for that effect ; and the rest of the estats not
onlie be indeid as cyphers, but also beare the blame therof, to their
great evill and dishonour.
" And if one will aske. How sail these bishops be more subject to
be caried after the appetite of an evill prince than the rest of the
estats ? the answere and reasoun is, becaus they have their lord-
ship and living, their honour and estimatioun, profite and com-
moditie of the king, by others. The king may sett them up and
cast them doun, give them and take from them, putt them in and
out at his pleasure. And, therefore, they must be at his directioun,
to doe what liketh him ; and in a w^ord, he may doe with them by
1606. OF THE KIRK OF SCOTLAND. 531
law, becaus they are sett up against law. But with other estats
he cannot doe so, they having ather heritable standing in their
roomes by the fundamentall lawes, or then, but the commissioun
from the estat that sent them, as from the burgesses or barons.
"Again, if one would say, howbeit the bishops and all the spirituall
estate were corrupted, yitt there be two or three estats beside : We
answere, first, there is a great number of the other estats, wherof
it is easie to make choice of some, that for certane commoditie and
advancement of their estat and maters may be easilie corrupted.
Nixt, deprave me once the ecclesiasticall estat, which hath the
gift of knowledge and learning by others, and are supposed becaus
they sould be of best conscience, that so they are, the rest will
easilie be miscaried ; and that so muche the more, that the officers
of estat, lords of sessioun, judges, lawyers, that have their offices of
the king, are commounlie framed after the court's affectioun. Yea,
lett chanceller, secretarie, treasurer, president, comptroller, and
others that now are, take heed that these new prelats of the kirk,
als covetous and ambitious as ever they were of old, insinuating
themselves by flatterie and obsequence in the prince's favour,
attaine to the bearing of all these offices of estat and crowne, and
to the exercising therof, als craftilie, avaritiouslie, proudlie, and
cruellie, as ever the Papisticall prelats did. For as the holiest,
best, and wisest angels of light, being depraved, became most
wicked, craftie, and cruell devills, so the learnedest and best pastor,
perverted and poysouned by that old serpent with avarice and
ambitioun, becomes the falsest, worst, and most cruell man, as
experience in all ages hath proved. A farther consideratioun of
this point also we leave to the lawyers, politiques, and statesmen.
" Cap. 13.
" That this Bishopric is against the weale of all Scotishmen, z'w soiile,
hodie, and goods.
*^ Howbeit that this be cleere eneugh of all that hath beene
spokin in the chapters preceeding, yitt, particularizing the same.
532 caldeewood's histoeie 1606.
we will make It more cleere. We call them good Scotish men,
that have a trae sense of the honour of God, love of their Christ,
care of the sinceritie of the gospell, and libertie of his kirk ; a
feeling of the need of their soules, an hunger and thrist for right-
eousnesse, and that word of life which is the food therof ; and
therewith all a love of their native countrie, of the freedom and
Aveale of the same. Now, this bishopric sail ather take away all
true rellgioun and sinceritie of the gospell, or then the fruictfull
use therof, for the feeding and confort of soules. For if there
arise a Popish or profane prince, they must alter with him, and
please and obey him, or tyne their places, their honours, their
riches ; the which they will not doe, becaus they have alreadie
givin their consciences, honestie, truthe, and credit before God and
man, as a price for these things of the world. All their care and
travell must be to keepe their court, please the king, acquire and
conserve more plentie of goods, honour, and pleasures. And they
being thus sett and givin, their inferiour ministers for the most
part will follow their fashiouns. So there sail be nothing amongst
men but atheisme, licentiousnesse, and profanitie. For as con-
cerning discipline, it being putt into the hands of bishops, they will
make merchandice of it, or lett the reines therof loose in favour of
this or that great man, or of one courteour or other, as hath ever
beene the nature and custome of these bishops to be men-pleasers,
and hunters after the favour and freindship of the world ; not
darring to displease or adhere unto the executioun therof upon
others, least it sould strike upon themselves, commounlie moreguiltie
and slanderous than anie other. And thus the true worship of
God, and care of the salvatioun of soules, sail utterlie perish.
" Kixt, I call them good Scotish men, who have a care and love
of the libertie of their countrie, and of their bodeis, to live as free
men therin, in safetie and good health. But so it is, this bishoprie
will bring the countrie, the lawes, the priviledges therof, with the
bodeis of men, in slaverie, servitude, and ryotous dissolutioun,
which breedeth manifold diseases, destructioun, and death of bodie.
For if anie succeeding prince please to play the tyrant, and governe
1G06. OF THE KIRK OF SCOTLAND. 533
all not by lawes, but by his will and pleasure, signified by missives,
articles, and directiouns, these bishops sail never admonish him,
as faithfull pastors and messingers of God, (for that they are not,
having no lawfull calling nor authoritie from God and his kirk ;)
but as they are made up by man, they must and will flatter, plea-
sure, and obey man. And as they stand by afFectioun of the prince,
so wiU they by no meanes jeopard their standing ; but be the
readiest of all to putt the king's will and pleasure in executioun,
and it were to take and apprehend the bodeis of the best,
and suche, namelie, as would stand for the lawes and freedom of
the realme, and cast them in darke and stinking prisons, putt
them in exile from their native land, &c. Attour and besides this,
unlesse that men, of whatsoever estate or ranke they be, cap and
kneele to them, give them their ambitious styles, places, and salu-
tatiouns, slavishlie abusing their bodeis against their hearts, they
sail not misse their indignatioun, to be interessed, and crossed, and
wronged in their earands and effaires, and to be traduced at court
by them, or by their meanes. Last, their companie and enter-
teanement will be an exemple of ryot and excesse, wherto that
bishopric is muclie givin. And if thus the realme, the lawes, and
priviledges therof, and the persouns of good Scotish men may be
used, it is easie to gather the like of their goods and geare. The
bishop in his owne citie, and among his vassalls, will thinke him-
self a pettie roy ; who darre deny to lend, to give, to serve them
with whatsoever they have ; or if they doe deny, can they not, and
their lawyers, domestlques, dependareis, devise the way how to
gett him to the home, or into some inconvenience and danger of
the law, and then, their whole goods and estate falling into the
bishop's hands, they sail be pilled and polled sickerlie ? The piti-
full experience in tymes past makes us bold to give the wairuing
for the tyme to come, for it has beene scene and felt, and yitt
daylie is in this iland. ^ And, finallie, it is alreadie too manifest,
that if the prince be prodigall, or would enriche his courteours by
taxatiouns, imposts, subsideis, and exactiouns layed upon the sub-
jects of the realme, who have beene, or sail be readie to conclude
and impose that by parliament, as those who are made and sett up
534 calderwood's historie 1606.
for that and the like service ? And whatsoever become of the poore
tennents and labourers by land or sea, they sail be ever winners
by that block and bootie.
" Then, to conclude, seing this bishopric, as we have cleerelie and
evidentlie shewed and verified, is against the writtin Word of God,
against the canons of the ancient kirk, against the ancient fathers
and doctors of the kirk, against the judgement of all the sound
modeme divines and reformed kirks in Europ, against the doctrine
of the Kirk of Scotland preached these 46 yeeres, against the
Confessioun of Faith subscribed and sworne by the king and whole
bodie of the realme, against the constitutiouns of the Kirk of
Scotland in her assembleis, against the lawes of the realme, against
the honour of God and his Christ, against the honour and weale
of the king, against the honour and weale of the realme,
against the constituted and settled estat of the kirk and king-
dom, and, finallie, against the weale of aU good Scotish men
in soule, bodie, and goods : Our earnest requeist and exhorta-
tioun is, with all humilitie, submisse and reverent duetie to his
most excellent Majestic, and most ancient and noble estats of this
present parliament, that as they tender the glorie of God and
honour of his Christ, the peaceable and floorishing estate of kirk
and commoun weale, the weelefare and honour of your selves, and
the weale and good of all estats and subjects of this realme com-
mitted by God to their governement and protectioun, that they
erect not of new that unlawfull and most pernicious estat of
bishops ; but, on the contrare, that it would please his Hienesse,
with advice of his estats in this present parliament, to ratifie again
of new the established governement and discipline of the kirk, and
confirmethe cautiouns made in Generall Assembleis, namelie, where
his Majestic was present, to save the kirk and realme from the
most pestilent coiTuptiouns of that false bishopric ; that these
fearefull dangers and inconveniences being thus prevented, the bless-
ing of grace, peace, and glorie, may be continued and multiplied
upon the king's most excellent Majestic, his most honourable estats,
and whole realme, and the kirk and kingdom of Jesus Christ
may floorishe in all quietnesse, with holinesse and truthc. Amen."
1606. OF THE KIRK OF SCOTLAND. 535
REASONS AGAINST THE ERECTIOUN OF BISHOrS, PENNED BY
ANOTHER AT THE SAME TYME.
"1. They can not be erected, till all parteis having interesse, or
that were prejudged by their erectioun, were summouned to heare
them erected. But so it is, that the Kirk of Scotland is greatlie
prejudged, if they be erected in maner and forme, and with the
priviledges sett doun in their provisioun, and not summouned to
be heard. Therefore, by forme and order of law, they can not be
erected till the kirk be summouned and heard, as having speciall
interesse. And that the kirk hath speciall interesse, it is verified
and proved by the seventh act of the sixt parliament, made aiino
1567, bearing, the examinatioun and adralssioun of ministers within
this realme sail be onlie in the power of the kirk ; which is ex-
pounded in the same act to be, the superintendent in that countrie,
or other having commissioun of the kirk. And incace of wrong
done in refusing or admitting, appellatioun to be to the ministers
of that province where the benefice lyeth, and failing therof, to be
decided by the Generall Assemblie. The which whole order estab-
lished by the act foresaid is utterlie inverted, if they be erected in
forma specifica, and the kirk's whole priviledges prejudged ; which
can not be done by law, except they were cited to heare the same
done, and heard for their interesse.
" 2. The king's Majestic, and all inferiour magistrats, are sworne
to mainteane the true religioun in all points, according to the
Word of God. But so it is, that the erectioun of bishops, as they
are ordeanned to be erected, is flatt and expresse against the Word
of God, and lawes established in favours of the kirk, as saU be
sufficientlie proved, the kirk being cited, and admitted to reason
for their interesse.
" 3. In the elleventh act of the same parliament, it is ordeanned,
that visitations of the universiteis, schooles, colledgcs, and instruc-
tioun of youth, sail be tryed by superintendents or visiters of the
kirk, whcrunto erectioun of bishops allutterlic derogateth, and
536 calderwood's historie 1606.
hath that priviledge committed to them onlie. Therefore the kirk
never cited nor heard, to heare that priviledge transferred from
them on the said bishops, the said erectioun can no wise be done,
at least till they be cited, and heard for their interesse.
" 4. Their erectioun in modo et forma, as they are desired to be
erected, derogateth to the libertie of the kirk granted in sindrie
parliaments, and ratified by act of parliament, 1571, in the secund
act therof, ratifeing and approving all and whatsomever acts sett
doun in favours of the libertie of the true kirk ; wheras, their
erectioun in maner as they are pretended, allutterlie destroyeth the
said libertie.
" 5. Their erectioun in modo et forma, as they are provided to
be erected, derogateth to the act of parliament made in the yeere
1572, anent confirmatioun of the act of dispositioun of benefices
by the kirk within 300 merkes, which is the nynth act of that
parliament.
" 6. Their erectioun derogateth to the act of the same parlia-
ment made anent excommunicated persons, seing excommunica-
tioun and absolving being in the power of the kirk, both by God's
law and man's law, is now devolved in their persons, the kirk never
beinsT cited nor heard for their interesse.
" 7. Their erectioun derogateth expresselie to the first act of
the parliament, 1578, which act ratifieth and approveth all acts
sett doun for the kirk. Igitur, &c.
" 8. Their erectioun derogateth to the first act of parliament,
1579, dividing the true kirk in the ministers, teachers of the Word,
ministers of the sacraments, and the people professors therof,
wherunto the erectioun to a vacant ministrie is flatt contrarie.
" 9. Their erectioun is flatt contrarie to the secund act of the
said parliament ; for their erectioun everts and casts doun the
whole discipline of the kirk granted by that act, and jurisdictioun
committed to the kirk, consisting in the preaching of the Word,
ministration of the sacraments, and correctioun of nianers,
which all their idle, vaging, and Tulcan serving ministrie casteth
doun.
1606. OF THE KIRK OF SCOTLAND. 537
" 10. Their erectioun Is expresselie derogative to the first act
of parliament, 1581, in manie heeds, and speciallie anent them
that sail beare office in the kirk, &c., anent thrids of benefices,
&c., teachers of the youth and schooles, &c., anent the jurisdic-
tioun of the kirk, &c., all ranversed by this forme of their erec-
tioun.
"11. Their erectioun is expresse derogative to the secund act
of the foresaid parliament, finding it expedient for the releefe of
the ignorance of the people, that everie parish kirk sould have a
qualified minister, and that all the kirks annexed to prelaceis sail
be provided of qualified ministers, before that anie provided to the
prelaceis sail be provided to sufficient stipends. Now, lett the
world judge what conformitie is betuixt their erectioun in forme,
as they are erected, appointed to be erected, and that act.
" 12. Their erectioun is expresse derogative to the act of parlia-
ment, 1584, that ministers sail be judges, founded upon that Scrip-
ture, ' Nemo militans Domino^ &c., since confirmatioun of their
erectioun makes them judges in all maner of civill causes, yea, of
the highest points of treasoun.
" 13. Their erectioun is expresse derogative to the secund act
of the parliament made 1587, which ratifeis and approves all acts,
lawes, and statuts sett doun anie tyme before in favours of the
kirk ; and the elleventh act of the same parliament, made anent
deprivatioun of ministers, and what sail be compted absence from
their ministrie, and non-residence.
'' 14. Their erectioun derogateth to the first act of the parlia-
ment, 1592, for that act standing in force of law anent things con-
cluded therin, there can never be erectioun of bishops in forme,
jurisdictioun, authoritie, and dignitie, as they are provided : and
siclyke, derogateth to the act of the said parliament, made anent
ratificatioun of acts before made anent ministers' stipends.
" 15. Their erectioun derogateth to the first act of parliament,
1597, in so farre, as none of their provisioun conteanes their obli-
gatour to actuall and personall pastorall service, but rather looseth
the same, giving them free reines to an idle, vaiging, debosched
538 calderwood's historie 1606.
service, and courtlie forme of behaviour ; whereas the said act
maketh speciall mentioun, that bishopricks sail be dispouned to
them onlie, who, In their provlsiouns to the said bishoprlck, sail
accept in and upon them, to be actuall pastors and ministers, and
according thereto, sail practise and exercise the same heerafter;
and that the said provlsiouns be without prejudice of the jurlsdic-
tioun and discipline of the kirk established b}' acts of parliament,
made In anie tyme preceeding, and permitted to Generall and Pro-
vincial! Assembleis, and others whatsomever, presbytereis and ses-
siouns of the kirk. And by the contrare, their provlsiouns and
erectlouns, as they are conceaved, prejudge, alter, derogat, and
destroy the whole discipline of the ku'k, nather conteane the said
expresse acceptatioun of actuaU ministrie.
" 16. Their erectioun derogateth to the parliament, 1593, 160
act, made anent contemners of decrees of the kirk, and 161 act of
the same parliament.
" So it followeth, that in respect of the premisses, there can be
no lawfull erectioun of bishops, nor their provisioun stand, or be
anie wise allowed in forme, as they are conceaved by anie judge or
judlcatorle : nather letters conforme, or other letters directed ther-
upon in anie forme. In prejudice of the ministrie, or other person ;
at least, till suche tyme as the said ministrie be lawfullie called,
and heard for their interesse.
" My lords of the nobilitie, wath the barons, burgesses, that have
that honour to be the posteritie of them that God has honoured
with the erectioun of Christ's kingdom in this countrle, whereby
the countrle and yee have your greatest honour ; for the libertie of
the kingdom of Christ makes Scotland, called otherwise but
Darkenesse,^ the honourablest natioun under heaven ; we beseeche
your Honours in the bowells of Christ, cast not doun rashlie that
which" has beene advisedlle builded, least out of your owne erec-
tioun, by time, of God's judgement, there come furth lawes als
farre prejudiciall to your Honours' ancient liberteis and j)rlvlledges.
' Alluding to the derivation by some of the name of the country from the word
1606. OF THE KIRK OF SCOTLAND. 539
Remember his Majestie's good admonitioun to the prince, in his
Basilicon Doron. As for the parliament, it is the honourablest and
highest judgement in the land, as being the king's highest court, if
it be Weill used, which is, by making of good lawes in it ; so it is
the unjustest seate that may be, being abused to men's particulars,
of irrevocable decreits against particular parteis, givin therin, under
colour of generall lawes, and oft tymes the estats not knowing
themselves, who are prejudged thereby. God give your Honours
both spirituall and teraporall wisdom," &c.
INFOEMATIOUNS GIVIN IN TO THE PARLIAMENT BY THE PRISONERS
IN BLACKNESSE.
The commissioners of the presby tereis dealt earnestlie with the
commissioners of the Generall Assemblie, to give in Mr Robert
Bruce and the imprisouned brethrein's supplicatiouns. But they
refused, alledging, that it would rather hurt nor helpe them. Yitt
least the publicatioun of the declaratioun sett furth by the advocat,
in name of the counsell, sould have deceaved the reader, the
imprisouned brethrein sent a copie of their supplicatioun, together
with short instructiouns of all their proceedings, to everie one of
the estats severallie, who answered, they were sufficientlie informed
of the truthe of their cans, but did not helpe them.
Informatiouns to he givin in to the Lords tuiching the Ministers in
Waird.
" There are three grounds which are sufficient in reasoun and
good conscience to move your Lordships to pitie the distresse, and
resraird the caus of the distressed ministers in waird, and to redresse
their wrongs.
" 1. The equitie and lawfulnesse of their proceedings first and
last, in the self, as agreeable to the will of God, lawes of the land,
and receaved and approved by custome and practise of the kirk.
" 2. The wrongs which in their imprisonment, judgement, and
sufferings, they have susteaned, against good conscience and lawes
of the land.
540 calderwood's historie 1606.
*' 3. The wrong and sinistrous report and informatioun anent
both their proceedings and sufferings made to his Majestic, wher-
upon his Hienesse' wrathe has beene kindled, which otherwise
would not have beene, if the simple truthe had beene knowne and
told.
" There are two things in their proceedings querrelled.
" 1. Their assemblie at Aberdeene.
" 2. Their declyning of the counsell's judgement.
*' The equitie of their assemblie appeareth in three things : —
" 1. In that they had the expresse directioun of Christ in his
Word, having their authoritie from him no lesse than the verie
preaching of the Gospell, they being no lesse necessarilie required
for ruling, than the other for instructioun of the sancts, and holie
obedience. If, then, the ordinance of God, and directioun of his
Word, can warrant a thing to be lawful!, their assemblie must
needs be lawfull.
" 2. They are ratified by the lawes of the land, the acts of par-
liament not onlie declaring them to be just, good, and godlie in
the self. Act Pari. 12, anno 1592 ; but also establishing the lawfull
use and practise of them everie yeere once at least, and oftner, as
occasioun serveth, declaring that it sail be lawfull to the ministers
to hold a Generall Assemblie. Ibidem : And farther declaires,
that there be no other jurisdictioun ecclesiasticall acknowledged
within the realme, than that which is and sail be within this same
kirk. Pari. 6, act 2, 1579. If, then, the lawes can warrant a
thing lawfull, their Assemblie must be lawfull.
*' They are appointed by the kirk of this land, as agreeable to
God's AVord, as the Booke of Discipline beares, which is approved
by his Majestic and the counsell, universallie embraced, registred
in the bookes of the Generall Asscrabhc with his Majestie's con-
sent, and subscribed by all pastors, and practised by continuall
consuetude and custome, universallie receaved since the yeere of
God 1560 yeeres. If, then, the kirk's ordinance, according to the
Word of God, receaved, allowed, and authorized by the magistrat,
practised by the kirk, and now, being by consuetude and continuall
1606. OF THE KIRK OF SCOTLAND. 541
use of law practised but controlment and ordinar duetie of the kirk,
can warrant a thing lawful!, their Assemblie must needs be lawfull."
Objections answered.
"1. It is objected against the lawfullnesse of their Assemblie,
the want of his Majestie's consent thereto.
" 2. His Majestie's charge in the contrare, executed publictlie
at Aberdeene.
" 3. The counsell's letter ; and,
" 4. The commissioners of the Generall Assemblie their letter.
" 5. Laurestoun the commissioner his oppositioun, together with
their secluding of him.
" 6. The raritie of the number who assembled.
" To the First, it is answered, they have the warrant of his
Majestie's consent, appointing that tyme and place for their assem-
blie, subscribed by the hand of Laurestoun, his Majestie's commis-
sioner, which they are able to produce.
'' To the Secund, they are able, as of before, to purge themselves
by their oaths, that no suche thing ever came to their eares. 2.
That the Laird of Laurestoun affirmed at his meeting with them,
that he had not used charges, albeit he might. 3. That the same
letters were executed against them personallie, and obeyed. 4. That
they have oft desired to be heard for unproving of the said charge,
but could never be heard. 5. That the lawes free the judicatoreis
of all contempt from suche charges, albeit they were executed
against them personallie, inhibiting the lawfull proceedings of a
lawfull judicatour, according to the law. Jam. VL, Pari. 6, act 92,
1579 ; and Pari. 11, act anno 1587, it is provided, that executiouns
which are not betuixt eight in the morning and twelve in the day,
importing tinsell of goods, sail be of no force. And it is true,
that the said pretended executioun is alledged to be after sevin at
nierht, as the indorsatioun beareth.
" To the Thrid, the first part was obeyed tuiching their dissolving.
The Secund, tuiching the not appointment of a new day, was con-
542 calderwood's historie 1606.
trare to the law of the land, Jam. VI., 12 Pari, act anno 1592,
and to the discipline receaved and approved of the kirk, as the
Booke of Discipline beareth, and contrare the priviledge and libertie
of the kirk, so oft ratified and confirmed in parliament, and, there-
fore, could not be obeyed without a greater offence. Beside, it
was but a privie missive, which ought not to import rebellioun or
contempt.
"To the Fourth, it is answered, 1. It was against the expresse
law of the kirk, that they sould continue or alter the dyets of the
Assemblie, as the act made by his Majestie's consent at Halyrud-
hous, 1602, proports; and so not to be obeyed. 2. It was
unformall, but designatioun of a new day, and therefore unlawfuU.
3. It was erroneous, pointing out the fyft day, which was not
keeped. 4. Diverse of them receaved it not till they were in
Aberdeene. 5. The presbytereis that sent them sould answere
therin, and not they, for they went not without the expresse com-
mand and commissioun of the presbyterie, to whom the letters
were directed.
" To the Fyft, 1. The Laird of Laurestoun consented to that
meeting, conveened with them, authorized it by his concurrence.
2. Acknowledged the lawfulnesse and authoritie of the Assemblie,
by presenting the counsell's letter, and requiring of them an
answere thereto, etc. Albeit in voting, he would not condescend
to some things, yitt in reasoning, he acknowledged what they did
to be both lawfull and expedient. 3. His greatest oppositioun was
by way of protestatioun, that he did not acknowledge the lawful-
nesse of their meeting, and this he did not untill all was concluded
and ended. 4. As to the alledged secluding of him, it was but a
mere calumnie.
" To the Sixt, it is answered, in an assemblie of the servants of
Christ, where the number is not prescribed nor defynned by a law,
it is not lawfull to anie to disallow therof, for the number, seing
two or three conveened in the name of Jesus, which are the smallest
number, have the promises of his presence, who is their Lord and
J GOG. OF THE KIRK OF SCOTLAISTD. 543
ruler of them. Beside, rarenesse makes not unlawfullnesse, in an
ordinar meeting, established by law and practise.
" Last, all that was done might lawfullie have beene done by a
fewer number, authorized with commissioun as they were ; for con-
tinuatioun requires not full conventiouns.
" That to declyne the counsell's judgement is lawfull, is evident,
"1. By law.
"2. By practice. First, latelie of the Erie of Orkney ; secundlie,
by daylie custome, in declyning anie one of the lords, upon just
occasioun. And it cannot be more unlawfull upon just reasoun to
declyne the whole than one.
" Thridlie, it is evident by reasoun ; First, becaus otherwise sould
follow a miserable confusioun of judicatoreis, speciallie of the civill
and ecclesiastick, which by nature, law, and practise, ought to be
distinguished ; and have beene observed inviolablie in all reformed
kirks and commoun wealths, and in this kirk and kingdom to this
day, according to the Word of God, and institutioun of Christ
therin, who being onlie Head and King of his Kirk, to whom alone
the soveraintie of judgement therin belongeth, he has givin the
power of the keyes therof, and ministeriall judgement of all
spmtuall things to the spirituall judicatoreis allanerlie ; according
as was acknowledged by his Majestic at Perth, in the conventioun
of the estats in Marche 1598, in admitting the protestatioun of the
kirk, and causing insert it in his bookes of counsell ; wherin they
protested, that they did not acknowledge themselves to be a judi-
catour with the estats, nather yitt that they submitted anie mater,
ather of doctrine or discipline, to their judgement, they no wise
being competent judges therof; but that they reserved, and would
reserve, the judgement therof to the Assemblie of the kirk. 2. The
rest of the judicatoreis were ydle and superfuous, if in no mater the
counsell might be declynned. 3. The counsell sould have no lesse
authoritie in the spirituall governement of the hous of God and his
kirk, than in ruling the commoun wealth : So they sould be one
judicatour, both spiritual! and civill, which can not be. 4. The
counsell's authoritie sould be extended als farre as his Majestie's,
544 calderwood's historie 1606.
which they will not alledge ; yea, farther, als farre as all the autho-
ritie both spirituall and temporall established by Christ in the whole
world, quod negotia within the kingdom, which is absurd."
Objections ansivered.
" 1. It is objected, that they declynned his Majestic. 2. That
they declynned the counsell simpUciter, and so refused all submis-
sioun to them. 3. That it was not for the lawfulnesse or unlaw-
fulnesse of their Assemblie, but for the contempt in assembling at
suche a place, at suche a tyme inhibited.
" To the First, it is answered, they never declynned his Majestle,
but the counsell allanerlie ; for they were not summouned before
his Majestic, but his counsell onlie ; nather ever secluded they his
Majestic from the judgement of the caus in the Generall Assemblie,
being present, albeit in his counsell, or by them he might not judge
of that mater being spirituall.
" To the Secund, their supplicatioun givin in before the declina-
tour, conteaning the reasons therof, doeth witnesse the contrarie,
it bearing an humble submissioun of themselves to the counsell,
wherin they are appointed judges over them as subjects. And
albeit the word simpliciter be in the declinatour, yitt ought it not,
nather can it, (except maliciouslie,) be extended farther than to that
actioun that is in hands, wherin, indeid, simpliciter they declynned
the counsell, as no wise judge competent to that particular.
" To the Thrid, it is answered, that the summouns beare plaine
witnesse of the contrare, the conclusioun bearing, to heare and see
their Assemblie declared and decerned unlawfull, which was the
actioun, and the other onlie used as the midds, to inferre the con-
clusioun. 2. The counsell's decreit beares the same, which beares
expresselie condemning the Assemblie to be unlawfull.
" The wrongs which they have susteaned in their imprisoun-
ment, suffering, and judgement, are these : In their imprisoun-
ment, 1. That being his Majestie's free lieges, and servants of the
living God in his ministrie, they were imprisouned, being nather
suspected of treasoun, called, accused, or convicted for anie cryme
160G. OF THE KIRK OF SCOTLAND. 545
or offence against the lawes, and indicia causa punished. 2. That
they offered suretle to be answerable to the lawes, when ever they
sould be charged, to be free of prisoun ; and were not heard, albeit
no cryme layed to their charge. 3. That they offered to improve
tlie pretended executioun givin in against them by Laurestoun,
but therafter still rejected. 4. That having entered in waird
at the counsell's command, they were afterward denounced to the
home.
" Secundlie, in their sufferings. 1. Notwithstanding of their
innocencie, weakenesse of persons and callings, yitt they have
beene more rigourouslie dealt with, and restrained in harder maner,
in a more strait prisoun, than the most haynous malefactors ever
was in this land ; being oft tymes separated from others and from
all creatures, sight of the sunne, and from the use of the aire. 2.
That being in most evident danger of the plague come to the gates
Avhere they were, not without suspicioun within, their humble
sute to be transported to anie other waird, where they might be in
some more safetie and securitie, was repelled, and they exponed to
the danger of the plague. 3. That hitherto having most humblie
requeisted that they might be sett at libertie, or then suffer suche
punishment as by the law or good conscience might be inflicted
upon them, they could obteane neither. 4. That having offered
to abide the censure of the Generall Assemblie, and to be subject
to their judgement, yitt this could nothing content nor satisfie,
except against conscience they would condemne, by their judge-
ments, their owne proceedings, which by law could not be gottin
controlled.
" In their judgement first at Edinburgh. 1. That upon sinistrous
report, they nather cited nor heard, an oi'dinance was made in coun-
sell to denounce them to the home. 2. In that they were caused
stand and compeere before the counsell in a mater ecclesiastick. 3.
In that their supplicatioun, so agreeable to the lawes and equitie
in the self, was rejected. 4. That they did find themselves judges
by vertue of that act in anno 1584, notwithstanding of the poste-
riour act 1592, and pronounced decreit, notwithstanding of their
VOL. VI. 2 M
546 calderwood's historie 1600.
cleclinatonr, in a mater not permitted to their jutlgemeut, tlie 24th
of October. 5. That by their decreit they both abrogated the
libertie and freedom of jurisdictioun, ratified by his Majestic and
estats to the kirk, and also contemned it as unlawfull ; which by
the acts of parliament is approved and permitted as lawfull, yea,
most just, good, and godlie in the self. 6. The tenth of Januar,
at Linlithquo, first, that without warning or premonitioun, they
were brought to the barr to answere in a mater of their life 7.
That they offering to annull their declinatour providing the coun-
sell would annull their decreit and processe led against them at
Edinburgh, it was refused. 8. That their procurators were not
caused speeke for them according to the law, albeit the Justice was
required so to doe. 9. That the partie, that is, the counsell whom
they had declynned, was also their judges. 10. That they were
accused for declynning his Majestic and his royall authoritie,
whereas onlie they declynned the counsell, and that not simjoliciter,
except in. that caus. 11. That to declyne the counsell was layed
to their charge as a point of treasoun, which, as it is most unequit-
able, so it is a most perellous and dangerous preparative against
the whole land. And, 12. They humblie requeisting to suffer them
to passe and advise with the presbytereis and synods which sent
them anent the lifting of the declinatour, upon suretie ather to
returne answere to their contentment, or to enter themselves again
in waird to be answerable to the law, wxre refused. 13. That
they having by their declaratioun dytted by them, and writtin
by the clerk to the Justice, cleered themselves sufficientlie to the
consciences of all men of the cryme layed to their charge, yitt
interlocutor was pronounced against them. 14. That the said in-
terlocutor, albeit in a mater of greatest accorapt, yitt was not re-
ceaved nor formallie voted, but by secreit rounding collected and
pronounced. 15. That it was pronounced, as agreed on by the
whole assessors, albeit it be of truthe that some made oj^positioun
in the meanc tyme. 16. That no reasoun, albeit most evident,
cleere, and solide, could have place, but all that could be said
simpliciter repelled. 17. That the mater was not reasouned in
1606. or THE KIRK OF SCOTL^USTD. 547
presence of the assise conforme to the law, the most part of them
being unentered the place of judgement till they were called to be
sworne and enclosed. 18. That the most part of the assise were
men utterlie ignorant of suche mater, and almost altogether un-
knowne to the ministers, and no wise acquainted with the caus ;
and some, also, knowne enemeis to the truthe of God and profes-
sioun, others profane atheists and godlesse livers. 19. That ac-
cording to the advocat's speeche to the assise, their cryme was not
tryed, whether they were found to have committed treasoun ; seing
the assise was willed to cognosce and make inqueist of no more
but that they had declynned, in respect the Justice and lords had
alreadie found it treasounable. 20. In that the assise was not en-
closed alone and so keeped ; but others had accesse unto them,
and some of them also came out and spake with the Justice and
lords contrare to the law. 21. That they were not absolved,
having in all evidence to the sight of all men justified themselves,
as free of all unduetifulnesse (lett be treasoun) to his Majestic and
counsell. 22. That albeit they had beene guiltie of treasoun, as
the Lord forbid, yitt they were not absolved, conforme to the law
in suche respects of out-comming to the assisers, or imbringing of
anie of them.
" The wrongs by sinistrous report to his Majestie.
" First, that they sould have abused the Laird of Laurestoun,
and overseene their duetie towards him at their Assemblie, in put-
ting of him to the doore, and secluding of him. 2. In that they
are alledged to have contemned his Majestie's charge givin pub-
lictlie, which is a meere forgerie. 3. That they sould have made
all their actiouns meere spirituall, of whatsomever sort they were,
and simpliciter have disclamed themselves altogether from their
subjectioun to his Majestie and his counsell by their declinatour ;
it being knowne to all, that in neither of these, besides anie other
things layed to their charge, have they done anie thing against
their duetie, ather in reverence or submissioun to his Majestie and
counsell, which they ought to his Hienesse and to their Lordships."
548 calderwood's historie 1606.
THE SUPPLICATIOUN.
" The sjnrit of grace, wisdom, iiprightnesse, and the fear e of the
Lord he with you, for salutatioun.
" My Lords of this present Parliament, — We, the distressed and
afflicted servants of the living God, doe humblie meane and shcAv
unto your Lordships, as to these who are appointed of God to doe
right to the poore, and to deliver the oppressed, that this is now
the twelve moneth since we have beene imprisouned and sore
troubled, for assembling ourselves in the name of Jesus, King of
the sancts, for the efFaires of our calling, according to the accus-
tomed order observed since reformatioun of religioun, and approved
by the lawes ; and have beene brought before judgement-seats, and
condemned as malefactors, for the service of our Lord ; wherin, as
our consciences beare us record according to his eternall truthe,
that we have done nothing but that which is acceptable in his
sight, so are we perswaded that our innocencie is knowne to the
consciences of all who love the Lord Jesus his truthe, and doe not
delyte to abide in errour ; it being, as we now beleeve, cleere and
manifest to all men, that first, we have beene unjustlie reputed and
reported to have beene contemners of his Majestie's charge givin
publictlie in Aberdeene, as is alledged, according as it was givin in
by Laurestoun to the Lords of his Majestie's counsell : Which
alledgance, charges, and executiouns, we darre affirme in the sight
of God and his angels, to have beene forged and fained, and sould
have tryed opinlie to have beene so er now, if halfe the extremitie
and rigour had beene used against the authors for doing suche
wrong, which has beene executed against the servants of God for
obeying of his will, for the voice and calling of his kirk. And
secundlie, that we are most wrongouslie slandered with disclaming
of our selves from anie subjectioun to his Majestic and his counsell,
and with a plaine denyall of subjectioun to his Majestic, and of his
royall power and authoritie over us, by proponing of our declina-
tour to the counsell, the 24th of October 1605, in the actioun of
1606. OF THE KIRK OP SCOTLAND. 549
lawfulnesse or unlawfulnesse of our Assemblie, as though we had
thereby made all our actiouns of whatsomever sort, to be mere spirit-
ual! ; and that against all equitie, we have beene burthenned with the
infamie of treasoun (from the which the Lord deliver us) in that pro-
cesse deduced at Linlithquo the 10th of Januar 1605, in respect we
never declynned his Majestic, being never sumraouned before his
Hienesse, but his counseU allanerlie. Nather did we ever exeeme
our selves from the counsell's judgement in anie thing civill, wherin
they are appointed judges by the law over anie other subjects in
the land ; but at all tyrae did professe, both by word and by writt,
our humble subjectioun to them. Nather ever did we refuse that
his Majestic sould have entered in this particular; but were alwise
willing to submitt our selves to the Generall Assemblie to be tryed,
his Majestic being there ather in persoun or by his commissioner,
according to the order heeretofore observed in our kirk. Yitt
hitherto could no professioun of our duetifull subjectioun ather ob-
teane our libertie from a most rigorous restraint, nather save us
from being convinced as guiltie ; whereby not only our flockes
have beene deprived of the confort of our ministrie, our famileis
impoverished, and our selves sore troubled in our persons, but
iniquitie is made to abound, the worke of God weakenned, the
enemeis encouraged, the Gospell slandered, the name of God highlie
dishonoured, and so, the wrathe and judgement of God, spirituall
and bodilie, brought upon the land.
" Wherefore we most humblie beseeke your Lordships, and in
the name of Jesus Christ our Lord we desire you, to consider our
cace, and to redresse our wrongs, by rescinding and annulling the
sentence so unjustlie pronounced against us ; and to deliver us
from that odious reproache, and haynous slander of treasoun to
undeservedlie imposed upon us. Becaus the grounds wherupon
the sentences both the 24th of October and 10th of Januar were
pronounced, have never, nather by the grace of God ever sail,
be found by lawful] tryell in our persons, we having nather con-
temned his Majestie's charge, it being a forgerie, nor yitt disclamed
our selves by our declinatour from anie lawfull subjectioun in the
550 calderwood's historie 1606.
Lord to his Majestie, whom we ever did, and still doe, acknowledge
him the onlie lawfull and righteous king, lord, and soverane, in
and under God.
" 2. Becaus, although your Lordships would not for the equitie
of our caus favour us, yitt the verie law obligeth your Lordships
to caus us be freed from that sentence at Linlithquo, in respect
the act 91 of the elleventh parliament, 1597, ordeans the partie
accused to be holdin and pronounced cleane and innocent of the
crymes and treasouns layed to his charge, if anie point of the
said act be transgressed ; and it is evident to all that were there,
that both the clerks communed with the assise enclosed, and the
chanceller of the assise came furth, and spake with the Justice
deput, the lords, and us. Therefore, except your Lordships denie
us the benefite of your owne law, yee can not but ordeane us to
be free of that sentence.
" 3. If neither of these reasouns will perswade your Lordships,
we beseeke your Lordships to consider the danger which such a
preparative must bring to the whole estat and bodie of this king-
dom. For who can escape the like sentence, if it sould stand, that
no man whatsoever declyning the counsell, but sould be guiltie of
that treasoun ? But it is so ordeanncd and straitlie commanded, in
the ende of the booke of declaratioun sett furth by his Majestie's
counsell, that none of his Majestie's subjects in this kingdom of
whatsomever ranke, place, calling, and conditioun, presume to mis-
interpret that act of parliament in the yeere 1584, concerning the
declynning of the counsell's judgement, otherwise than the same
is made cleere and manifest by the decisioun of the justice in anie
tryell.
" Lastlie, if nather the innocencie of our persons, conditioun of
the law, nor your owne danger will perswade you, then doe we
requeist your Lordships, in the name of the Eternall God who
standeth in your assembleis and judgeth among you, whose judge-
ment yee execut, and before whom yee sail stand, and make a
compt of your judgement, that yee would remember the terrour of
that Lord who has said, ' Woe to him that taketh away the righte-
1606. OF THE KIRK OF SCOTLAND. 551
ousness of the righteous from him, and doeth not deliver the
oppressed, and hath not compassioun on his distressed members ;'
and Avho has said, that ' judgement mercilesse sail be given
him who sheweth no mercie :' that for removing of the plagues
alreadie fallin, and for avoiding of the severitie of his indignatioun
threatned, and eshewing that endlesse damnatiounof that sentence
of his wrathe to be pronounced in that last day, saying, ' Depart
from me, yee cursed, to everlasting fire, which is prepared for the
devill and his angels : for I was hungrie, and yee gave me no
meate ; I Avas in prisoun, and yee visited not me ;' your Lordships
may be moved to shew mercie to us, his distressed members, who
now in our need doe cry for aide and releefe ; and humblie rc-
queist, that we may be sett at libertie, to serve our God in our
calling, and pray for the peace of our king, his childrein, and sub-
jects.
" Thus, humblie craving your Lordships' answere, and waiting
for confort, we recommend your Lordships' present conventioun to
the directioun of Him in whom yee are, yee live and move."
MR J. FORBESSE' letter TO BIR R. BRUCE.
The originall and ground of the king's anger at the chanceller,
and his tryell that followed therupon, may be collected out of this
letter following, writtin by Mr Johne Forbesse himself to Mr
Eobert Bruce : —
" Right honourable and heartilie loved in the Lord ; our mutuall
love in him remembred : Yee sail thinke no evill of my long delay
in wiutting to you. So narroAvlie have all our actiouns beene
marked, and our wayes waited on, that without farther harme nor
profite, I could not adventour our letter to you. It has beeue the
good will of our God so to exercise us, wherin, howsoever by men
we have beene sore pressed beyond measure, yitt never did our
God suffer us to be ather confortlesse or confounded. The consola-
tioun has alwayes abounded beyond the afflictioun, blessed be the
552 calderwood's historie 1606.
Lord, who is faithful! and true, though all flesh be leers. He is
the same yesterday, to-day, and without change or shadow of
turning. If he sail give the like grace of faith and patience to us
in obeying his will, as he did give of old to his servants, we sail
doubtlesse find the like presence and protectioun, with a glorious
issue, whereby assuredlie his name sail be magnified in our mortall
bodeis, be it by life or by death. It pleaseth our Lord some tyme to
give us that resolutioun, that we could be content of either, accord-
ing as most may serve for his glorie. Our desire is, that He would
strenthen and prepare for the worst, which surelie is most apparent
and likelie. For what can be expected to be the end of so wilfull
a striving against a knowne truthe, and so malicious hunting for
the lives of the innocent, in searching out wayes to involve them
in some shadow of guiltinesse, where substance cannot be found,
but the uttermost fruicts of an uusatiable hatred ? The founda-
tiouns now are layed, as they thiuke, verie sure in this parliament ;
but Babel sail never be builded again, though all the earth sould
conveene thereto. What trouble may be expected to the sancts,
by that twofold iniquitie of the episcopal! dominatum and supere-
matum enacted at this tyme, yee may easilie judge, if men receave
grace to be fiiithfull. But I feare, few sail be found, that to the
end sail keepe the faith and the rejoicing of a good conscience.
We are fallin in the dayes of horrible defectioun ; so that when I
consider that one word, that ' the fearefull sail not enter within
the ports of that citie,' it makes me sore to lament the deeds of
this tyme, and feeblenesse of all men ; for scarse is there one found,
in whom there is sufficient strenth, and courage to doe good, no,
not to doe so muche as to speak for the Lord and his truthe.
" But I leave these things which can not be sufficientlie nather
pitied nor lamented. Our owne cace is as it was before. The
purpose anent the chanceller none yitt know whereto it will turne.
The truthe of this mater is knowne to verie few, nather can it be
Weill knowne, it is convoyed so cunninglie and coverthe : The
Bishop of Glasgow, upon some speeches betuixt the chanceller
and me uttered in counsell, wherin the chanceller somwhat unad-
1606. OF THE KIRK OF SCOTLAND. 553
visedlle alledged I had not keeped promise unto hina anent our
Assemblie ; to whom I answered again, that I had keeped promise
als heartilie as anie that ever his Lordship dealt with in his life,
and that everie thing was done according to my promise ; for my
speeche, as I say, the Bishop of Glasgow conceaving some points
betuixt us. As for my oversight that could be therin of duetie to
his Majestic, I know it not, and it was so high to me to thinke of
it, therefore I referred it to his Majestie's owne self, who best knew
his owne secreits. Heerupon his Majestic being stirred with some
passiouu, perceaving that I refused to accuse the chanceller, did
write a letter full of reproaches against me to the Erie of Dumbar,
as a man in whom he could lippin nothing. The Erie of Dumbar,
who for his owne particular Avas earnestlie sett upon the turne,
sent to me to Blacknesse a letter with some credit beside, all tend-
ing to perswade me to performe that peece of service and duetie
to his Majestic. To whom I answered, that I could not thinke
that his Majestic or his Lordship ather sould expect at my hand
that I would be an accuser of the chanceller, seing I had professed
in my letter to his Majestic, that I knew no offence in him in that
wherof they would have him accused. He had offended, as his
Lordship also had done, in their proceedings against us, and there-
fore willed his Lordship to find ellis where an accuser : as for me,
I would be none ; I onlie would stand to the defence of myne
owne innocencie. The mater not succeeding with them as they
expected, they resolved to be avenged upon me, and yitt so as they
sail compell me to worke their turne. Heerupon they conclude to
accuse me as one who had writtin a calumnie on the king's trustie
counseller, and so compell me to verifie that which I had writtin ;
and so, upon the verificatioun therof, to worke out their purpose
against the chanceller. Heerupon they sent for me the morne con-
fidentlie, becaus they knew the witnesse who had heard the chan-
celler his appellatioun, and had tryed their minde; and in the
letter they will me to bring with me suche of my brethrein as
understood that mater, and might serve for the cleering of it. Upon
this occasioun, Mr Johne Welshe and I were brought to the coun-
554 calderwood's historie 1606.
sell, where, after long reasoning betuixt the counsell and me, I
defencHng that I was holdin to prove nothing I had writtin in roj
letter to his Majestic, in respect both it was a mater secreit, and
also writtin at his Majestie's owne desire, they concluded I behoved
to doe it, otherwise, to underly his Majestie's wrathe. I desired I
might be permitted to inform his Majestic by my self, after suche
maner as sould be sufficient, to caus his Majestic apprehend the
truthe ; abroad I was not able, nor holdin to prove it in publict
judgement. This being denied, I then desired that the chanceller
and I might be permitted to speekc together, and that his Lord-
ship might be brought to that effect, that I might know what it
was in my letter that his Lordship denied ; for I could not beleeve
that I sould need to use anie probatioun in that mater if himself
were heard. This also is refused, and a day assigned to me to
prove his approbatioun ; for as to the conference before, I refused
to prove it, in respect there was none present at it except one, who
was the chanceller's freind. Yitt the approbatioun was suche, as
it might cleere, both that there was a promise betuixt the chan-
celler and me, and that things were done conforme to the promise.
Before the day, I did write his Majestic by advice of some of the
lords, and expouned to his Majestic the wrong done to me, desiring
that his Majestic would send for my self, and if I satisfied not his
Majestic with sufficient reasoun in that mater, I was content his
Majestic sould use me after his pleasure ; and if his Hienesse
thought not that good, his Majestic sould know what was the
proofFe that I would use before the judges appointed by his Majes-
tic, that his Majestic might be advised therewith : and so did name
the witnesses, Mr James Balfour, Mr Walter Balcalquall, Mr
Johne Welshe, and Mr Robert Cathcart, who all were allowed by
the Erie of Dumbar, and we wrote to his Majestic the verie words
which they would depone, wherewith his Majestic being satisfied ;
and when the prince and the Erie of Salisburic, at the chanceller's
desire, imployed their credit to the uttermost till they obteaned
of his Majestic that whether the mater was proved or not, the
chanceller sould be continued in his Mjijestie's favour and in
1606. OP THE KIRK OF SCOTLAND. 555
his office. Heerupon his Majestic sent backe a directioun to Dum-
bar that he would not have the chanceller convicted, albeit the
mater sould be proved. The Erie of Dumbar perceaving the king
turned, was laith to tyne the chanceller ; therefore entcreth secreit-
lie in pactioun with him, and at his desire agrees in the probatioun
to passe by Mr Johne Welshe unexamined, becaus he had most
cleerelie opened up the mater unto him, and also condescended to
caus examine the man that had beene present at the conference,
notwithstanding that I sould not use him as a witncsse whom he
had sent for to that effect ; according to the which so he did. Mr
James Balfour and Mr Walter have depouned the verie words
writtin by me to his Majestic. Mr Robert Cathcart depouned
suche as he heard, professing he heard not all that was betuixt the
chanceller and Mr Robert Welshe. Alwise his depositioun cleeres
the approbatioun.
" This is the truthe ; yltt in respect of the former directioun from
his Majestic, the brute is lett goe that nothing is proved. His
Majestic has scene the depositiouns, but as yitt has givin out no-
thing. My Lord Fleming he is returned, but uttereth nothing in
that mater. So it resteth, and we remaine heere, to the great
greefe of Mr Johne Hall. I did five severall tymes write to the
chanceller out of prisoun at diverse occasiouns as they proceeded
ao^ainst, desiring his Honour in tyme to stay his Majestie's wrathe
and all proceedings against us for our Assemblie ; otherwise, assur-
ing his Lordship I would reveele the truthe concerning him. Yitt
I receaved no answere, but found ever the greatest straitnesse and
severitie. And lastlie, after our convictioun at Linlithquo, I sent
his Lordship word, that I had waitted on liis Lordship longer than
anie man would have done, in suffering himself corrupt the thing
wherunto his Lordship had givin his advice ; and now has givin
more than just occasioun to keepe no moe points of duetie to him
who had brokin so all duetie both to God, and man, and me ; not-
withstanding, if his Lordship would exeeme my brethrein from the
dano-er wherin he had involved them, I sould yitt suffer in my owne
persoun what might befall, rather er I opened up anie thing to his
556 calderwood's historie 1606.
prejudice. But nothing could atteane to anie favour at his hands.
All this moved me now to utter anie thing, till it being reveeled to
his Majestic, as said is, I am commanded by his Majestie's self to
write the veritie of it to his Hienesse, yitt so spairinglie as ever, con-
cealing the things that might have prejudged him, and still refusing
to be his accuser. Other things I referre to my brother Mr Johne
Welshe his letter ; beseeking you to support our weakenesse under
our burthein with your prayers for us, as we sail remember you to
God daylie. For as in the heaven we have none but him, so in
the earth there is none with him. To his grace and consolatioun
I most heartilie commend you, remembring my loving salutatioun
to your bed-fellow.
"From Edinburgh Castell, the 16th of Julie 1606.
" Your loving brother in the Lord, and fellow- sufferer for
his truthe, Johne Forbesse."
The Generall Assemblie is continued by proclamatioun to May,
and so sail runne on yeere to yeere, till the mysterie of iniquitie
be perfytted.
the ministers sent for to court, advise with their
presbytereis.
In the moneth of August, the ministers sent for to court advised
with their presbytereis and sessiouns what to doe. They coun-
selled them to obey the king's letter, but would give them no com-
missioun, incace they had beene urged to disputatioun, or to deliver
their opinioun in maters propouned to them. Three of their num-
ber were of the presbyterie of St Andre wes, viz., Mr Andrew Mel-
vill, Mr James Melvill, Mr Johne Carmichaell. They desired of
the presbyterie an extract of the acts subscribed heeretofore in the
presbyterie concerning the discipline, which was granted. The
copie of the extract followeth : —
"At St Andreu-es, the 11th of August 1606.
" The which day, after incalling of the name of God, Mrs An-
1606. OF THE KIRK OF SCOTLAOT). 557
drew and James Melvills and Johne Carmichaell being to take
journey according to his Majestie's letter, desired to have the ex-
tract of all the acts made or subscribed heeretofore in the presby-
terie anent the discipline of the Kirk of Scotland, with the consent
of the Avhole brethrein of the presbyterie ; and in speciall, the act
of the presbyterie, made the secund of August 1604, anent the
whole brethrein of the presbytereis' subscriptioun of the Confessioun
of Faith, publictlie authorized by his Majestic. Which desire
being found reasonable by the presbyterie, and the said act being
publictlie read in the audience of the whole presbyterie fullie con-
veenned, without oppositioun of anie person to the same, the pres-
byterie ordeanned the extract of the foresaid act, together with all
other acts, generall or particular, to be givin to the brethrein fore-
said, authenticklie subscribed by the clerk.
" Extract. &c. Mr Robert Rough, Clerk,
" at command of the Presbyterie."
"At St Andrewes, the secund of August 1604.
" The which day, after incalling upon the name of God, the
whole brethrein being laAvfullie conveenned, the Confessioun of
Faith, authorized in the Kirk of Scotland, was presentlie read in
the audience of all, together with the act of parliament holdin at
Edinburgh anno 1592, for explanatioun of the present discipline
generallie authorized in the said Confessioun of Faith, which by the
foresaid act of parliament is ratified and confirmed, namelie, in the
llbertie of the Generall Assembleis once everie yeere, synodalls,
presbytereis, and particular sessiouns of kirks, derogating from all
acts made of before in prejudice of the same, and declaring the
present discipline used in the Kirk of Scotland, and approved in
the act foresaid, to be onlie godlie, just, and lawfull in all tymes
comming ; as is at more lenth conteaned in the act of parliament
foresaid. Which act and confessioun being rypelie advised and
considered, was publictlie subscribed by uniforme consent of the
whole brethrein, to testifie their harmonic and heartilie agreement
in all things, both concerning doctrine and discipline ; promising
558 calderwood's historie 1606.
solemnelic to defend the same alwayes according to their callings,
and never to come in the contrare, according to the great oath sett
doun in the foresaid Confessioun of Faith. In witnesse wherof,
first the moderator subscribed, then Mr George Gladestains, minis-
ter at St Andrewes, Mr Kobert Wilkie, rector; and so everie one
as they satt in their places, as is conteaned in the principall, sub-
scribed particularlie with all the brethrein's hands.
" Extract. &c. Mr Egbert Rough, Clerk,
" at command of the Presbyterie."
^^ At St Andrewes, the tenth of Januar 1605.
" The which day, Mr George Gladestains having returned from
England, declared in presence of the whole brethrein of the pres-
byterie, that as he departed a brother, so he returned, usurping no
superioritie over them, but to have a simple vote as the rest ; pro
mising to behave himself in als great humilitie, and greater, than
ever before : and whereas he departed, not advertising the pres-
byterie, desired that they sould not be offended therewith, becaus
the commoditie of his journey so required, that he could not
advertise them. Of the which declaratioun and excuse, the pres-
byterie accepted weill.
" Extract. &c. Mr Egbert Eough, Clerk,
" at command of the Presbyterie."
MR G. GLADESTAINS FALSHGOD.
Mr George Gladestaines, after he had changed foure flockes and
two bishopricks, and had sworne that he sould never be Bishop of
St Andrewes, becaus the bishops of that see had made so evill an
end, and were so muche hated, yitt even at the same tyme came
home Bishop of St Andrewes. When some gentlemen, his favourers
and others, who had hope of advancement by him, would aske how
he could beare with the presbyterie, he answered, '' Hold you r
tongue ; we sail steale them off their feete."
1606. OF THE KIRK OF SCOTLAND. 559
THE EIGHT MINISTERS TAKE JOURNEY TO COURT.
Mr Andrew Melvill, Mr James Melvill, Mr William Scot, and
Mr Johne Carmichaell, resolving to goe by sea, by reasoun of Mr
James his disease, and inabilitie to ryde, embarked at Anstrutber
the 15th day of August, and came to Londoun the 25th of the
same. The other foure went by land, and came to Londoun about
the end of August.
MR G. GLADESTAINS' PROMISE BEFORE HIS DEPARTURE TO COURT.
Upon the 21st of August, Mr George Gladestains informed the
presbyterie, that he was sent for by his Majestic, and was to take
journey ; asked wherin they would employ him. They charged
him before God, that nather directlie nor indirectlie he doe anie
thing in prejudice of the discipline established ; which he promised
solemnelie in presence of the whole brethrein : and farther, that he
sould doe nothing but that which he sould be answerable for to
God and his kirk, and for the which, he sould be welcome to the
presbyterie again, and wherof he sould not be ashamed to be
spokin of, ather now, or heerafter by the posteritie ; talking God
to witnesse, that he never minded the alteratioun of the discipline
of the kirk.
THE EIGHT MINISTERS WILLED TO STAY AT WESTMINSTER.
The eight ministers were kindelie visited at Londoun, by diverse
brethrein of the ministrie in and about Londoun ; as INIr Smith,
Mr Snap, and others. The two archbishops, Canterburie and
Yorke, sent for them, and intreated them to come to their houses.
They answered they had not yitt scene his Majestic, and till they
had presence of his Hienesse, they would goe to no place. Mr
Alexander Hay, the Scotish secretarie, came to them in West-
minster, directed from his Majestic not yitt returned from the
560 calderwood's historie ] 606.
soramer progresse, to shew unto them, that It was his Majestie's
will and pleasure, that they sould stay at Westminster till the
20th of September. This warrant they thought not sufficient ;
therefore they directed Mr William Scot with Mr Alexander Hay
to his Majestic, by whom they receaved the same answere.
REASONS WHEREFORE THEY WILL NOT REASON UPON THE HEEDS
OF DISCIPLINE.
The word went, that they were sent for to dispute with the bishops
upon the heeds of their discipline ; concerning which mater, they
receaved letters from Mr Patrik Simsone, and other good brethrein.
Wherupon they advised and resolved upon some reasouns, where-
fore they nather could nor would reasoun in that mater. " 1. Be-
caus, in so doing, we sail prove (say that) our selves unjust,
vmthankefuU, foolish, arrogant, and impious. Unjust, in doing
suche a wrong to the Kixk of God established in Scotland, to call
in questioun the discipline therof : unfaithfull, in dealing in the
effaires of the kirk, without commissioun and warrant from the
same : foolish, in talking upon us suche a weightie cans rashlie,
without lawfull wairning and prcparatioun : arrogant, in presum-
ing so muche of our selves, as off hand to deale in suche a mater,
beinof but a few of the weakest members of that bodie wherunto
the caus properlie belongeth : impious, if we sail tempt God, want-
ing both calling and meanes. ^Nixt, we can have no partie adver-
sar to contend with all, in the caus of the Kii*k of Scotland in this
place : for if anie heere would dispute for the English church, they
may find a partie amongst themselves ; if anie out of Scotland,
they can not nor ought not to be heard, seing they have all sub-
scribed, sworne, taught, and professed the discipline and governe-
ment established in the Kirk of Scotland." They had with them
the King's Confessioun, subscribed latelie by the presbyterie of
St Andrewes, and namelie, by Mr George Gladestains, incace he,
or anie other sent for to court, had preassed to reasoun in that
mater. But there was no suche purpose intended.
1606. OF THE KIRK OF SCOTLAND. 561
A LETTER OF THE IMPRISOUNED TO THE EIGHT MINISTERS.
The brethreln lying In prisoun wrote to them sindrie letters, all
to the effect conteaned in the following : —
" To their Reverend and deerlie beloved hrethrein, Mr Andrew Melvill,
Mr James Melvill, jvith the rest of their fellow hrethrein, these, S^c.
" Reverend and deerelie beloved hrethrein, — The earnest care and
solicitude that we have alwayes of you all, together with the
assurance wherin we are daylie confirmed, that He who has sent
you, and ever hitherto has beene with you, in keeping you blame-
lesse even to this verie tyme, and making you lights and lamps to
shyne before the rest of your hrethrein, will now also, in this last
and most publict testimonie wherunto he has called you, be with
you. These things, I say, will not suffer us to lett anie occasioun
of writting to you passe away, without some testimonie of our
remembrance of you, with all the strenth that the Lord has be-
stowed upon us ; not that yee need to be encouraged, confirmed,
strenthenned by us, but that heerin we doe ease our selves, in
disburthenning our hearts of that love which we beare to you, as
the faithfull servants of the most high God now wailled^ and
chosin out among all the rest of your hrethrein, to be witnesses of
Christ not onlie before Caesar, but as it were before the whole
world. For whose eyes are not upon you ; whose hearts are not
attentive, in expecting both the actioun and event ? Your hrethrein
at home, the kirks abroad, the enemies both heere and everie
where. Now is the tyme He has called you to beare witnesse of
His glorious and free monarchic, the which, as it is the last of his
offices, so it is last putt at ; and as it is the end of the other two,
so it is most glorious : and so, the testimonie therof more glorious
to God, more honourable to his Sonne, and sail be more confort-
able to you, than the testimonie ather of his prophecie or preist-
hood. One thing, my deere hrethrein, I darre say by experi-
' Culled.
VOL. VI. ' 2 N
562 calderwood's histopje 160G.
ence, and my God is witnesse that I lee not, that unspeak-
able is the joj in the free and full testimonie of Christ's
royall authoritie ; unspeekable is the joy in suffering for his king-
dom. So that I know not if a man sould have so muche joy in
suffering for Christ's ather persoun, godhead, or manhead, pro-
phecie or preestheid, as yee sail have now, and at this tyme, in
suffering for his kingdom, becaus that is speciallie oppugned. We
had never suche joy and peace in preaching of it, as we have had
in the suffering for it ; so that we are even glade, when the
sufferers are multiplied, becaus we know, that the peace and joy
sail be proportionablie multiplied. Our deere brethrein, that which
we spake before in knowledge, we now speeke by experience, that
the kingdom of God standeth in peace and joy. Remember the com-
missioun givin to Jeremie, ' Speeke all that I command you, and be
not affrayed of their faces, least I destroy thee before them ; and I
will make thee a brazen wall,' &c. And that in another part, 'Turne
not thou unto them, but left them turne unto thee.' And that ot
Micah, ' I am filled with vertue of the Spirit of the Lord, judicio
€t potentia,'' &c. Christ sail raigne, and all his enemeis sail be
tramped under foote. And indeid, they are enemeia to him, who
will not suffer him als weill to be a King, as to be a Prophet and
Freest. But, our deere brethrein, we are perswaded his grace sail
beare you out with all confidence, to witnesse a good confessioun.
He who ever hitherto has beene with you, will not now leave you.
The greatest confort yee can bring unto us, is regarding the cans
without respect of our persons, or anie thing that we can suffer
for the same, in the freedom of his kingdom. Stand not a jote,
brethrein, for us, or for anie Hbertie or benefite can be brought to
us. We will not trouble you with farther, for we know it is
needelesse. The God of wisdom, peace, and strenth be with you
all for ever.
" Your brethrein,
" JoHXE Welshe, Johne Forbesse, &c.
" Edinburgh Castell, the thrid of September, 1606."
1G06. OP THE KIRK OF SCOTLAND. 5G3
A LETTER FROM THE IMPRISOUNED TO THE KING.
The imprlsouned brethrein sent likewise a supplicatioun, which
they desired them to present to his Majestie. The supplicatioun
was putt in the king's owne hand at Hampton Court.
" Please your sacred Majestie, — If there were no more (dread
soverane) but the estat of our desolate famileis, and our owne, for
the most part circuited in our waii'ds with the present devouring
plague of the pestilence, (which is suche, that we can hardlie
thinke, but if it were throughlie knowne unto your Majestie, it
could not but opin the bowells of your Hienesse' pitie and com-
passioun toward us, wherunto, in God, we have recourse for re-
leefe,) we sould not have importuned your Majestie farther heerin,
but have keeped silence, and rested in the good pleasure of our
God, patientUe awaiting upon his gracious appointed tyme of our
deliverie, in opening your Majestie's eare and heart, to have heard
and regairded with commisseratioun the distresse of your Majestie's
humble, obedient, and innocent subjects, the servants of Jesus
Christ, whom he has appointed worthie to be putt in his service;
having: learned to be content, with meekenesse and humblenesse of
minde, not onlie to have suffered reproaches, povertie, hunger, and
imprisounment for his sake, but also (in the power of his grace
allanerlie) to lay doun our lives in the defence of his Gospell and
kingdom, wherunto he has called us, and for the which, with dueti-
full patience, we have suffered these twelve or thritteen monetlis
imprisounment. But the fiercenesse of God's wrathe burning so
hotelie not onlie in other parts of your Majestie's kingdom, but also
and speciallie in these places and congregatiouns amongst whom,
under your Majestie's protectioun, we have heeretofore, and now
likewise sould practise our ministrie, whereby not onlie the de-
stroying angell with his drawin sword is hewing down day and
night continuallie, and causing the carcases to fall, and that in
suche number in some of our congregatiouns, that the hke therof
has not beene heard these manie yeeres before : And also (which
564 calderwood's histoeie 1606.
is most lamentable, and cannot but pierce the most stonie heart
that ever had hope to find mercie to himself In that great day)
that they live and dee confortlesse, under that fearefull judgement,
filling the heaven and earth with their sighes, sobs, and cryes of
their distressed soules, for being deprived not onlle of outward
conforts, which were too great, but also of all inward consolatioun,
through the want of the ordlnarle meanes of their peace and life ;
to wItt, the preaching of the Word by our ministrie.
" This, Sir, is the speclall caus that has moved us to present, by
this our humble suppllcatloun unto your Majestie's pitie, not so
muche our owne miserie outward, which in the self is more also
nor the bowells of true compassioun could weill suffer, the which,
we can gladelie endure for his sake who has sent us ; seing heerin
we have that peace which the world can not take from us, and the
rejoicing of a good conscience, that in nothing we have justlle
offended your Majestic, but have walked in all sincerltie in our
calling ; we say, not so muche our owne miserie, as the most
lamentable estat and desolatloun of our congregatlouns, confortlesse
now in bodie and minde ; that out of your Hienesse' fatherlie love
and tender compassioun, their distresse may be suppleed, and their
sorrowfull hearts conforted, by permitting unto them the use of
our ministrie again. Thus sail the God of your Majestie's pre-
servatloun, and wonderful! preferment in despite of the manifold
attempts of his Irreconcilable enemels be glorified, the hearts of
the sancts, the best affected of your Majestie's subjects, who now
sorrow, for the afflictloun of Joseph sail be conforted. Thus sail
your Hienesse' poore people who live and dee in suche miserie,
blesse the Lord their God, that has putt in the king's heart to pitie
their cace ; to speeke nothing of that blessing that sail redound to
your Majestie's persoun and throne, according to the covenant,
' I will blesse them that blesse thee, and curse them that curse
thee.' For wherefore sail the gulltinesse ly upon the king and his
childrein, that so manle thowsand soules who were once abundantlle
fed with the truthe of the Gospell, are now living and deeing in
unspeekable sorrow and miserie, for want of that onlie confort of
1606. OF THE KIRK OF SCOTLAND. 565
their soules ? Why sail their blood be found under his HIenesse'
wings ? And why sould the cry of their blood come up in the eares
of the Lord of Hosts, whose heart is so full of pitie, that he can not
but heare the cry of his poore ones ; and so full of love, that he
that tuicheth them tuicheth the apple of his ey ; and he that doeth
the meanest duetie to them, or withholdeth the meanest benefite
from them wherunto he is bound, he accompteth it done unto him-
self; and whose severitie is so great, that suppose he suffer long,
yitt at last he will be avenged for the cryes of his elect ? And if
his severitie be so great, that even for the omissioun of the meanest
dueteis he will inflict eternall torment, what then will the wrathe
be, which he reserveth for the withholding of the onlie meane of
eternall salvatioun from so manie thowsand soules ?
" If it were but our owne lives allanerlie, we could be silent ; but
seing it is so great a matter, as concerneth so highlie the honour of
your Majestic, God, and the eternall salvatioun of suche numbers
which he has bought with his blood, we doe not, nor darre not,
keepe silence therof unto your Majestic. And, therefore, forced
and constrained thereto by the inevitable necessitie of that most
holie calling layed upon us, and that most assured wrath that
would undoubtedlie overtake us, if we made not our humble, and
yitt loving and faithful] wairning to your Majestic, that nather the
bygane guiltinesse may be continued, nor yitt other greater be added
thereto, the which will not faile, if it be not repented, and par-
douned in the blood of his Sonne, to bring on an assured and most
lamentable judgement, the which, from our hearts, (the Lord is our
Avitnesse,) we deprecat day and night ; protesting heere before God
and his elect angels, that we speck this with our duetifuU reverence
to your Majestic, as the Lord's lieutenant heere upon earth, and as
our onlie lord and lawfull soverane under God, over us, in all
things belonging to this life, and the life it self; unto whom we
are bound in conscience, and give all things that God in his Word
has ordeanned and commanded to be givin by anie subject to anie
prince under heaven ; reserving onlie to God, that which is, and
which he will not give to anie creature, as his owne incommuni-
cable glorie and authoritie. Of the which sort we accompt these
5(36 calderwood's historie 1606.
two to be ; first, the authoritie of the meetings of the servants of
Christ for the effaires of his kingdom, which is from heaven onlie,
and not from men ; and that in the doing of the ordinarie duetie of
our calling, approved by all lawes, we have nothing justlie offended
your Majestic, nor violated your Hienesse' lawes, but in simplicitie
have served our God in the same. Nixt, that soverane judgement
of all the effaires of his hous and kingdom belongeth onlie to his
kirk, according to the same Word, whose voice the Father has
commanded onlie to be heard ; and that the ministerial! judgement
therof belongeth onlie to his kirk, according to the same Word.
To the wliich allanerlie he has givin the keyes of his kingdom, and
from the which we doe not exclude your Majestic, as an honourable
member of his bodie, wherunto by vertue of that supereminent
power the Lord has givin unto your Majestic, we acknowledge that
it belongeth to see the whole worship of God directed and admi-
nistrated according to his Word, in commanding all to be done as
he has commanded, and forbidding all that he has forbiddin ; no
wise inhibiting that which he has commanded, nor commanding
that which he has inhibited to be done : yea, and farther, to pun-
ishe whomsoever within your owne dominiouns that is found by the
true and lawfull judgement of the kirk, according to the Word,
to be ather contemners or neglecters therof.
"And in holie fcare of our God, and humble reverence of your
Majestic in him, we doe present this our duetifull testimonie and
supplicatioun, for our libertie, together with our greeves and sup-
plicatioun presented to the parliament, but not receaved ; hoping
that our good God, in whose hands the hearts of princes are, sail
returne from your Majestic an answere confortable to the sancts,
joyfull to our desolat congregatiouns and us, to the glorie of our
God, and your Majestie's praise in him ; to whose mercifull and
blessed protectioun we most heartilie recommend your Majestie's
kingdoms, govemement, and whole effairs.
" Your Majestie's most humble supplicants,
and daylie oratours in God, &c.
" From the place of our imprisounment, the 23d of August, 1606."
1G06. OF THE KIRK OF SCOTLAND. 5G7
The letters directed from the miprisouned to the ministers sent
for to court did muche incom-age them, and were, as it were, an
admonitioun to them, to bewar that they damned not their pro-
ceedinsrs.
THE EIGHT MINISTERS GETT PRESENCE.
Upon Fryday, the 19th of September, they went to Kingstoun,
where IMr Johne Gordoun, Deane of Salisburie, attended upon them
at his Majestie's directioun, to make them plyable als muche as he
could. The day following he convoyed them to Hamptoun Court,
where they gott presence immediatlie after the king's dinner, his
Majestic yitt sitting at table, and were admitted to the kisse of his
hands. After some few words to Mr James Balfour tuiching his
long beard, and the order takin with the pest in Edinburgh, they
were dismissed with a favourable countenance, and returned to
Kingstoun, where they dynned with the deane at his loodging.
After noone, whill they were walking by the river, the Deane of
AYestminster, directed by Mr Johne Gordoun, desired them to be
present the day following, which was the Sabboth, in the king's
chappell at Hamptoun Court, to heare sermoun. When they
came, they were convoyed to the chappell, and placed in a desk by
themselves hard by the preacher. Bishop Barto made a sermoim
before the king, queene, and nobles, weUl cunned and fynelie com-
pacted, in a booke of the volume of a New Testament in decimo-
sexto, upon Acts XX. " Take heed to your selves and the flockes,"
&c. After noone they were convoyed to the queen's closet, where
they dynned on the king's meate. The Deanes of Westminster
and Salisbui'ie attended upon them. They marked and caried to
the king this speeche of theirs, that our bishops had made a
pactioun with the sacrilegious lords to wracke the patrimonie of
the kirk ; for at the last parliament, where the gifts of our new
bishops were confirmed, they sitting and voting in parliament
without anie commissioun from the kirk, seventeene prelaceis were
erected in temporall lordships ; and that was the first fruict,
568 calderwood's historie 1606.
forsuith, of their vote in parliament. The day following, among
other speeches, the king made apologie for himself and the parlia-
ment, alledging, that it was done upon conditiouns of providing of
everie kirk of these prelaceis with a sufficient stipend, wherin he
was and sould be most carefull ; and that the parliament had onlie
confirmed that, which being his owne, he had dispouned as
pleased him.
A CONFERENCE BETWEEN THE KING AND THE EIGHT MINISTERS.
Upon Moonday, the 22d, they were sent for to his Majestic, to
speeke with him after dinner. Mr Alexander Hay was the
messinger. When they came, they were admitted to the chamber
of presence, where they w^ere courteouslie receaved by the Bishop
of Canterburie. The king came to the chamber of presence,
accompanied with the Erles of Dumbar and Orkney, Lord Fleem-
ing. Laird of Laurestoun, Sir Thomas Haramilton, the king's
advocat, Mr Johne Spotswod, Bishop of Glasgow, Mr George
Gladestains, Bishop of St Andrewes, Mr James Law, Bishop of
Orkney, Mr James Nicolsone, Mr Robert Howie, Mr Patrik
Schairp, Mr Andrew Lamb.
The hous was ushed incontinent by the Erie of Dumbar, and
none suffered to stay within but the Scotish councellei's and minis-
ters, except onlie Doctor Montague, who was permitted to stand
within, and keeped the doore. The king sitting before the table
on his chaire, called on them to come neere about him, and entered
to opin up the causes Avhich moved him to write for them, almost
conforme to the tenour of the proclamatioun, and the letter writtin
to them. He gathered up in end all his speeche in two points,
wherin he was to be through with them for the peace of the kirk :
the one, about the pretended Generall Assemblie, (so he termed
it,) holdin at Aberdeene, and the proceedings of these ministers
which followed therupon ; the other, how there might be an
ordinar and peaceable Generall Asssemblie keeped, to sett all
things in quietnesse and good order. Mr James Melvill was
1606. OF THE KIRK OF SCOTLAND. 569
appointed by the ministers to be their speecheman, becaus of the
gravitie, wisdom, and grace which he had in outward shew with
his Majestic. For avoiding of all confusioun and offensive speeches,
they had agreed among themselves to give no present answere to
anie things to be propouned, but to take all to good advisement.
So Mr James answered, " Please your most excellent Majestic,
after we receaved your Majestie's letter, we mett together at
Edinburgh, and reading the samine, were muche rejoiced to have
so good occasioun to see your Majestie's face, and kisse your
hands ; but muche more, when we perceaved the purpose of your
Majestie's letter to tend to the interteanement of the peace of the
Kirk of Scotland, in that estat wherin your Majestic left the same,
and to testifie your INIajestie's love and affeetioun thereto, conforme
to your Hienesse' letters, from tyme to tyrae sent to some of our
synods and presbytereis, to the commissioners of the Generall
Assemblie, and most amplie to your Majestie's honourable counsell.
So that howbeit diverse of us, for sickenesse and knowne inabilitie,
might have excused our selves, yitt we resolved all to come unto
your ]\Iajestie even with alacritie and diligence, preventing the
day appointed, least weather, or anie other accident, might have
impeded. And now, finding your Majestic in health, wealth, and
high honour, and testifeing the same things by your gracious
mouth, with so favourable countenance toward us, we can not
expresse our joy, and how prepense our dispositioun is to serve
and pleasure your Majestic, in what can ly in us in God. But
your Majestie's letter did beare no particular, nather before this
tyme have we heard of anie. We would, therefore, most humblie
desire your Majestic to give us tyme to advise, and we sail returne
answere the best we can."
Therafter, there was a great tyme spent in reasouning upon the
presbytereis sending commissiouners, after the receaving of his
Majestie's commissioner's letter for the discharging of anie As-
semblie to hold at Aberdeene. Item, Upon the proceedings of
the Synod of Fife. Item, Upon the praying for the convicted
brethrein ; and. Last, upon Mr James Melvill's letter, directed to
570 calderwood's historie 1606.
the synod of Fife. They answered at that tyme off hand, this
muche : As for the presbytereis, raanie of them had not gottin
advertisement, nor receaved letters before the day ; that those who
had receaved, considering that there were weightier reasouns for
holding the Assemblie than deserting, resolved to send their com-
missioners to keepe the day appointed by his Majestic, the law
standing, which is the most authentick testimonie that a king can
give, as his Majestic himself declared in opin Assemblie holdin at
Dundie ; the enemeis being so bussie and peart, manic references,
appellatiouns, and other maters lying untaikin order with, which
can not be ordered nor helped without a Generall Assemblie :
and last, which was greatest, fearing to lose the right and pos-
sessioun of a Generall Assemblie, which would expire of it self,
if there were not a sett day appointed. As for the synod of Fife,
they sent their judgement in writt to manie of the rest of the
synods, and so, no doubt, 'could not but come in his Majestie's
hands ; but in their meane judgement the words were so con-
ceaved, that it could nather prejudge the Generall Assemblie, nor
his Majestie's royall power, nor the brethrein who were in Avaird
under his Majestie's mercie. As concerning prayer for them, they
confessed they^ did so ; nather could they omitt that commoun
duetie for their brethrein, which was extended even to malefactors,
for their amendiment.
As for Mr James Melvil's letter, the king said, " I heard, Mr
James, yee wrote a letter to the synod of Fife holdin at Cowper,
where there was muche of Christ, and little good of the king : by
God, I trow yee were raving or mad, for yee speeke otherwise now :
was that a charitable judgement yee had of me ?" " Sir," said Mr
James, with a low courtesie, " I was both sore and sicke in bodie
when I wrote that letter, but sober and sound in minde. I wrote
good of your Majestic, assuring my self and the brethrein that
these articles, wherof a copie came in my hands, could not come
from your Majestic, they were so strange. And of whom sould I
speeke or write good, if not of your Majestic, Avho is the man under
Christ that I wishe most honour and good unto ?" " But where
1606. OF THE KIKK OF SCOTLAND. 571
are these articles?" said the king. " The copie that came in my
hands is at Londoun, Sir," said Mr James. Sindrie of the bishops
and commissioners of the AssembUe said, that manie wrong copeis
were sent abroad, and some verie odious, wherof one might have
come in Mr James his hand. So that point was left. The king
presuming the first two heeds, dismissed them, and willed them to
advise upon an answere against the nixt day. They were convoyed
through the gairdin and parke by Sir David Murrey. They were
skarse entered to their loodging at Kingstoun, when they receaved
a letter from Mr Alexander Hay, secretar in the Scotish effaires,
warning them in the king's name to come to sermoun to-morrow
in the king's chappell, and therafter to dyne in the palace.
ANOTHER CONFERENCE BETWEENE THE KING AND THE EIGHT
MINISTERS.
Upon Tuisday, the 23d of September, they went to Hamptoun
Court, and satt in the place appointed for them in the chappell, the
king and queene being present. Doctor Buckrage preached on
Romans xiii. 1, *' Omnis anima potestatibiis superioribus suhjecta
esto,'" &c. Although he dealt not so naughtilie as Barto, Bishop of
Rochester, did of before, yitt still he joyned Pope and presbyterie
together diverse tymes, as enemeis to the king's supremacie, and of
one judgement in that mater, whether of ignorance or malice it is
uncertane. All he had was taikin out of Bishop Bilson's booke of
Obedience. After dinner, remembring that they were to be called
coram [they] prayed, and after prayer tooke this resolutioun, that
Mr James sould onlie speeke in their name, unlesse others were
commanded or asked : that the said speekesman sould declare, that
they could not judge of the Assemblie at Aberdeene, for the rea-
sons following : — 1. His Majestic had indicted by proclamatioun
a Generall Assemblie, wherin his Majestic expected a reparatioun
of all disorders, in so farre as belonged to the censures of the kirk.
If they sould now ather condemne or absolve, they could not be
heard, after having committed suche a prejudice. They called to
572 calderwood's historie 1606.
remembrance a practise used bj his Majestic at tlie Assemblie at
Montrose, where the commissioners of the presbytereis of Lothian
and Merce were rejected for the like. 2. Res non erat integra, but
judged upon alreadie by the counsell, which they would be laith to
contradict. 3. The judgement therof could not perteane unto
them, Nam quis constituit nosjudices ? 4. Putt the cace they could
be judges, and that the mater might be committed to them, they
could not doe it lawfullie, indicia causa et reis non citatis nee auditis.
This was their premeditated answere to the first heed. But the
king tooke another course, which was, to oppose everie man in par-
ticular, to catche advantage of men's speeches and behaviour if it
were possible.
They were sent for after dinner to come to his Majestic. Sin-
drie of the Counsell of England were admitted to the conference,
the Archbishop of Canterburie standing at the king's right hand,
the Erie of Salisburie, secretar, the Erie of Suffolk, chamberlane,
the Erie of Worcester, maister of the horse, Nottinghame, North-
amptoun. Lord Stennop, Lord KnoUis, and sindrle other noblemen.
Some bishops and deans stood at a doore behind the tapestrie, who
now and then discovered themselves. Thither also the prince was
brought, who stood at his father's left hand, with the forenamed
Scotish noblemen, counsellers, bishops, and commissioners of the
Generall Assemblie. Before the king entered, Mr Andrew Mel-
vill desired the Erie of Dumbar to requeist his Majestic, that none
be suffered to be present at the conference saving Scotish men, as
was done on the Moonday before, least they speeking anie thing
wherat his Majestic might be offended, he might take the samine
after in the worst part, by reasoun of that auditorie ; but it was
not done.
The king, after resuming of the points left at the last day, came
at last to be resolved of this questioun, in particular. Whether the
Assemblie holdin last at Aberdeene was a lawfuU Assemblie or
not ; and the proceedings of the ministers at the same, and after-
ward, were justifiable, yea or not ? Mrs George Gladestains, Johne
Spotswod, James Law, Andrew Lamb, latelie promoved to their
1606. OP THE KIRK OP SCOTLAND. 573
bishopricks ; Mrs James Nicolsone, Patrik Schairp, Robert Howie,
Laurestoun, the Grand Commissioner, were first asked, for the
king said, " I will beginne at you, bishops and commissioners."
They all answered without anie scruple, that they ever damned
that Assemblie, and the proceedings of these brethrein, as unlaw-
full. Then the king demanded of Mr Andrew Melvill, who stood
nixt in order to them, saying, " Yee see how your brethrein heere
cannot justifie these men, nor that Assemblie : what say yee there-
fore ? whether thinke yee, that where a few number of eight or
nyne, without anie warrant, doe meete, wanting the cheefe mem-
bers of an Assemblie, as the moderator and scribe, conveening
unmanerlie without a sermoun, being also discharged before by an
opin proclamatioun, can make an Assemblie or not ?" Mr Andrew
answered, " Although I, for my part, have beene debarred from all
Assembleis and publict meetings these manic yeeres, yitt, if it
will please your Majestic to heere me, I will first satisfie your
JNIajestie's propositioun, and then answere the questioun. And to
your Majestie's propositioun, comprehending in it these objec-
tiouns, I answere to the first thus : That in an Assemblie of the
servants of Christ, wherof the number is not prescribed by a law,
it is not lawfuU to anie to disallow therof, seing two or three, con-
veened in the name of Christ Jesus, (which are the smallest num-
ber,) have the promise of his presence, who is their Lord and
Euler. Beside, rarenesse maketh not unlawfulnesse, in an ordinarie
meeting established by law and practise. Lastlie, all that was
done might lawfullie have beene done by a fewer number autho-
rized with commissioun, as they were : for continuatioun requireth
not full conventiouns. As for their warrant in meeting, 1. They
had warrant from God's word ; 2. His Majestie's lawes ; 3. Their
presbytereis sent them in commissioun to that efiect, and after,
approved their prorogating the day, (which was all they did,) and
therefore were to be blamed, if anie thing was done amisse, and
not the persons, who were onlie executers of their presbytereis' will
and commissioun. To the secund, I answere, that the absence of
a moderator and clerk was not de essentia sT/nodt, and therefore the
574 calderwood's histoeie 1606.
one, to witt, Mr Patrik Galloway, moderator of the former Assem-
blle, absenting himself, the other, to witt, Mr Thomas Nicolsone,
being present, but craving leave to be absent for that tyme, becaus
of his weightie effaires, they might creat others in their places,
according to the practise of the Church of Scotland, as is to be
scene in the Eegister of the Generall Assemblie. To the thrid, I
answere, your Majestic is informed amisse therin ; for it is of
veritie, that one of the pastors of Aberdeene, to witt, Mr James
RossC; made the sermoun before the meeting. As for the pre-
tended charge givin the night before, I adjure thee in the name of
the Kirk of Scotland, (turning himself to Laurestoun,) as yee
would answere before the great God, in the day of the appearing
of Jesus Christ to judge the quicke and the dead, to testifie the
truthe, and to tell, whether there was anie suche charge givin or
not." Laurestoun never opened his mouth to speeke one word.
Then his Majestic asked, What reasouns he had not to con-
demne the ministers. He answered, *'If it please your Majestic
to heare, I have these : 1. I am but a privat man, come upon your
Majestie's letter, without anie commissioun from the Church of
Scotland; and, therefore, seeing Ntmo constituit mejudicem, I can-
not take upon me to condemne them. 2. Your Majestic hath, by
vertue of your proclamatioun dytted heere at Hampton Court,
(which he then produced,) remitted their tryeU to a Generall
Assemblie expecting then for reparatioun of wrongs, if anie be
done. I therefore cannot prejudice the Church and Assemblie of
my vote there, which if I give now, I shall be sure to have my
mouth shott up then, as, by former experience, 1 and the rest of the
brethrein have tryed before. 3. Res est hactenus judicata by your
Majestie's counsell, (whether rightlie or not, that I remitt to the
Lord, the searcher of all hearts, before whom one day they must
appeare, and answere for that sentence :) sail I then take upon me
to contradict your Majestie's counsell, and their proceedings ? I
thinke your Majestic would not be weill content heerewith.
Lastlie, how can I condemne them indicia causa, not hearing both
their accusers in objecting against them what they can, as also the
1606. OF THE KIEK OF SCOTLAND. 575
parteis themselves, in pleading for themselves ? Untill the tyme,
therefore, that I heere both parteis utrinque, I can say nothing."
Mr Andrew answered thus in substance, after his owne maner,
roundlie and freelie.
Nixt him in order stood Mr James Balfour, who being urged to
declare his minde, did desire his Majestic not to strait him, for the
reasouns before alledged, (for what they had all thought upon, Mr
Andrew Melvill specking first had delivered ;) as also, becaus he
suspected his Majestic was informed of him amisse, and, therefore,
Avhatsoever he spake would not be taikin in good part, but rather
irritat his Majestic, which they were verie unwilling to doe. In
effect, he answered as Mr Andrew Melvill had done before, and
that otherwise he could not see how the peace of the kirk might
be sattled. The king spent muche tyme with the first two, and
perceaving how the mater went, seemed wearie, and asked Mr
James Melvill. Mr James answered, " Sir, I will not wearie your
Majestic : Therefore, please take my answere, which is this shortlie.
There has beene muche tyme spent about the questioun. If it be
in Thesij sett it doun in writt, and we sail answere as we can ; if in
Hypothesis your Majestie's demand is concerning presbytereis send-
ing furth commissioners, and the cariage of the commissioners sent.
As for the senders, I shew your Majestic yesterday what were
their reasouns. If your Majestic find anie fault therin, lett the
presbytereis that sent them in commissioun be punished, and not
the persons sent. Their proceedings are alreadie censured by
your Majestic and counsell, wherin, I am resolved with the perell
to obtemperat, ather by obedience or patience. If your Majestic
please to have it yitt farther judged by an Assemblie of the kirk,
which is our wish, I cannot prejudge the judgement of the kirk.
If in the meane tyme your Majestic will urge me to deliver my
judgement of the mater, according to my conscience, unlesse the
alledged wrongs done to them, and givin in writt to your Majes-
tie's estats in the last parliament holdin at Perth, be considered,
discussed, and rightlie judged, I would not for all the world con-
demne them. A copie of the wrongs we are eamestlie desired by
576 calderavood's historie 1606.
themselves to present unto your Majestic." With this he stepped
fordward, and delivered them to the king in his hand. When as
the rest were sporting, the king read them all over, and with an
angrie smyle said, He was glade they were givin in.
Mr Robert Wallace followed. He regraited some delatiouna
that were givin in against them, and then delivered his judgement,
which was conforme to theirs that preceeded. Mr William Wat-
sone Avas sharpe against Laurestoun, and layed the burthein of all
upon him, but the other never replyed one word. Mr William
Scot followed, and delivered his judgement in few words, agreeable
with the judgement of all these that went before. The advocat
craved licence of the king to deale wdth him. There was some
reasoning betuixt them. Mr William spake with suche sobrietie,
gravitie, and so skilfullie, that in the judgement of the noblemen
and judicious audience, he had the upper hand so farre both in law
and reasoun, that the advocat was ashamed. Mr Johne Car-
michaell followed, and answered in few words conforme to the rest ;
for he was commanded to be short, becaus the tyme was spent.
Last followed Mr Adam Colt, who answered shortlie for the same
cans. All answered with reverence upon their knees, but freelie,
to the admiratioun of the English, for their freedom and harmonic.
In end, j\Ir Andrew Melvill craving in humilitie licence to
speeke, brake out in his owne maner, and plainlie avowed the
innocencie of the brethrein in all their proceedings at Aberdcene.
Therafter he recounted the wrongs done unto them at Linlithquo,
as being present there as an ey and eare witnesse. He tooke up
the advocat, Mr Thomas Hammiltoun, roughlie, and layed to his
charge plainlie his favouring and spairing of Papists, his craftie
and malicious dealing against the ministers, so that xarriyo^og tuv
ahiX<puv could have done no more against the sancts of God than
he did at Linlithquo. For thus he spake to the advocate, " My
Lord, you would doe God and his Majestic better service if yee
bended your forces and speeches against your uncle, Mr Johne
Hammiltoun, a Seminarie preest, and one Mr Gilbert Browne,
Abbot of Newabbey, who have infected a great part of Scotland
1G06. OF THE KIRK OF SCOTLAND. 577
with their superstitious dregs of Poprie ; but these men's heads
you have clapped, and shutt up the faithfull servants of Jesus
Christ in prisoun ; and still, my Lord, yee show your self possessed
with the same spirit, for yee thinke it not eneugh to have pleaded
against them in Scotland, using all the skill and cunning yee could,
except now also yee continue Karriyo^og tuv adriX(po}v." At which
words, the king turning him about to the Archbishop of Canter-
burie, said, " What is yon he says ? I thinke he is calling him out
of the Revelatioun, the Antichrist ; nay, by God, he calleth him
the verie devill. Weill bowlled, brother Johne," said the king ; and
so rysing cuttedlie, and turning his backe, he said, " God be with
you, Sirs."
Thus, in end, all these eight ministers gave their judgement ; and
seing that the king and his advocat stood onlie to querrell apices,
et rei medullam pr(Bterire, they stood the stronger for cleering of the
prisoners, so that whatsoever reasoun was omitted by one, was
brought by another, everie one having a prettie tyme to advise
upon his answere, seing the former speeker spent a quarter of an
houre or more. In end, before he went out, he demanded of them
what they thought of the other point, and what overture they
would give to pacific things ? They answered. The best overture
was to have a free Generall Assemblie, by which all jarres would
be removed and quicklie quietted. They were dismissed, not with-
out the great applause of the English there present, for their gravi-
tie and boldnesse in the cans of God. It was not without God's
providence that they were sent for, for the English were informed
thereby of the truthe, which was before obscured by misreports.
When they were gone out of the palace, and were a little on their
way toward Kingstoun, Mr Alexander Hay sent for them, and in
the utter court readeth to them a charge from the king, not to
returne to Scotland, nor to come neere the king, queene, or prince's
court, without speciall licence or calling for.
VOL. VI. 2 o
578 c ALDER wood's histoeie 1606.
MR J. MELVILL URGED TO SUBSCRIBE THE INFORMATION OF THE
IMPRISOUNED BRETHREIN.
Upon Wedinsday the 24th of September, Mr Alexander Hay,
secretar for the Scotish effaires, wrote to them, and willed them In
his Majestie's name, in all convenient speed to come to court.
"When they were come, Mr Alexander Hay shewed to Mr James
Melvill, that he was directed by his Majestic to crave their subscrip-
tioun to the scheate of paper which was givin in by him yesterday
to his Majestic. Mr James answered, "Lett me see it, and write
theron the answere which I made to his Majestic yesterday con-
cerning the cans and maner of the deliverie, and I wiU gladelie
subscribe the same, providing that yee will give him a copie of all
subscribed in his hand." So Mr Alexander gave the instructiouns
to Mr James to peruse and copie ; which being done, the said ]Mr
James wrote the answere and maner of the deliverie of them in the
king's hand, as was before sett doun. Mr Alexander returned
within a quarter of an houre, and shewed to Mr James that the
king willed him to aske of whom he had these informatiouns, and
when he gott them ? He answered. In a packett from Scotland,
delivered to him since he came, by whom he could not indeid
remember ; for the bearer was not knowne to him, and stayed not :
he would not delate anie man upon uncertantie. Mr Alexander
reported his answere to the king. Within halfe an houre after,
the Erie of Glencarne and Mr Johne Gordoun came to them,
directed from his Majestie, to desire an answere in writt, subscribed
Avith their hands, to this questioun. What the king may doe in
maters ecclesiasticall ; and whether or not he had whollie the
power of conveenning and discharging Assembleis ? They an-
swered, If it would please his Majestie, or them in his Majestie's
name, to sett doun the questioun in writt, and subscribe it as from
his Majestie, they would gladelie also sett doun their answere, and
subscribe the same, sufficient tyme of advisement being granted,
1606. OF THE KIRK OF SCOTLAND. 579
becaus tlie mater was of great importance. But after some reason-
ing, they departed without answere. Not long after, Mr Alex-
ander Hay returned, and shewed to Mr James that the king had
read his answere, and wished him to be more laconick. Farther,
desired, if it pleased him, to tell of whom he had these instructiouns
at Londoun ; for there was no danger of intercommouning, neither
cared the king muche for the mater. He answered, That in his
conscience he was not weill remembred, nor was acquainted with
the man that delivered them ; to putt anie man in the king's head
upon conjecture he would not. Le Conte de Vaudemant, brother
to the Duke of Loran, the generall of Venetian infantrie, was
looked for at court, who came on the morne with eightie gentle-
men in traine, so they had three dayes to refreshe themselves.
THE EIGHT MINISTERS AT DR ANDREWES' SERMOUN.
Upon the Lord's day, the 28th of September, they were writtin
for by Mr Alexander Hay to come to court. There was prepared
for them a royall service in the king's chappell. Dr Andrewes,
Bishop of Excester, preached upon the tenth of Numbers. He
discoursed upon the two trumpets, and proved as he could, at large,
the conveening and discharging of councels and assembleis to be-
long to Christian kings and emperours. Being at supper, they
were writtin for by Mr Alexander Hay to be at court the day fol-
lowing, before eight of the clocke, becaus the Scotish counsell was
to deale with them.
THEY WERE CALLED TO THE SERVICE IN THE KING'S CHAPPELL.
Upon Moonday the 29th they went to court as they were desired.
That day was solemnelie keeped in honour of Saint Michaell, with
musick and high service in the king's chappell. They were willed
to come to the chappell by the king's expresse command, namelie,
Mr Andrew and Mr James Melvill. Mr James told Mr Andrew
by -the way that this was to trappe them, and to assay their
580 calderwood's historie 1606.
patience. There they saw the king and queene offer at the altar,
wheron were sett two bookes, two basins, two candlesticks. A
German being present, said, " Ego nunquam vidi talem cultum.
NiJdl hie profecto deest de solemni missa, prceter adorationem conse-
crati panis." The Conte de Vaudemant and his conipanie might
have seene easilie what unioun might have beene made betuixt
the English and Romish Service. Upon occasioun of this solem-
nitie Mr Andrew Melvill made the epigramne, for which he was
troubled afterward, beginning thus : — Cur slant clausi, 8fc.
A CONFERENCE BETWEENE MR J. MELVILL AND DOCTOR
MONTAGUE.
They waited on all the forenoone, and in the meane tyme, Mr
James Melvill, as he was walking up and doun the great hall of the
palace, foregathered with Doctor Montague, deane of the chappell,
who was comming by, with whom he fell in conference. " Will it
please you. Sir," said Mr James, " to be favourable to us in our
cans, and to intreate his Majestic ?" " I can not," said he, " becaus
yee are against the estat of bishops, which has beene in the Chris-
tian kirk these fyfteene hundreth yeeres." " Not, Sir," said Mr
James, " this sort of bishoprick, in medling with civill effaires, but
since the Pops of Rome declared themselves to be the great anti-
chi'ist." " Ye are against our bishops and church," said he. " If yee
trouble not us, we doe not trouble you," said Mr James. " Yitt,"
said Montague, " yee made mentioun of our bishops in your pro-
testatloun givin in to the parliament at Perth," — and withall,
draweth out the protestatioun of his bosome, and pointed out the
place, where it maketh mentioun of Papisticall and Anglican
bishops. " The corruptiouns of them," said Mr James, " which
words yee omitt : and thinke yee that they have no corruptiouns ? "
" I thinke there be too manie," sayes Montague, " but yee denie
the king's supremacie." " No supremacie that he sould have/'
said Mr James. " But," sayes he, " the supremacie in the minis-
terial! church, ather the Pope, or the prince, or the presbyterie
1606. OF THE KIRK OF SCOTLAND. 581
must have it. The Pope can not have it, say we all : the presby-
terie hath it, by Mr ,Calvin's judgement." " Ay, Sir," sayes he,
"and that is our judgement," said Mr James. " Ay, Sir," said
he, '' and that is treasoun in England, for the prince has it by our
lawes." '' But not by our lawes," sayes Mr James. " But you
must have it so," said he, and so abruptlie left him. When they
had waited on till after twelve houres, they were taikin by a freind
to the Duke of Yorke's hous, where they were weill interteanned
by the Ladie Carie.
THE EIGHT MINISTERS CALLED BEFORE THE SCOTISH COUNSELL.
The counsell being sett in the meane tyme, sent for them diverse
tymes, till they beganne to be angrie. The ministers had stayed
the longer, becaus they were hungrie. Sederunt in the Erie of
Dumbar's hous, the Erles of Argile, Glencarne, Orkney, Wigtoun,
Dumbar ; the comptroller, the advocat, the Abbot of Lindores,
]\Ir Peter Young, the Laird Kilsyth. They resolved, before they
compeered, to answere nothing presentlie, but to take to advise-
ment ; but manie keeped not that resolutioun. When they com-
peered, Dumbar shew to them, that it was his Majestie's will, that
the counsell there conveened sould deale with them severallie, and
to crave their answeres to certane heeds, wherin they were to
pray them to give cleere answeres for satisfactioun of his Majestic ;
and to goe furth and come in, as they were called on. ]\Ir James
Melvill was fii'st called on, and demanded by the advocat, 1.
Whether he prayed for the imprisouned brethrein ? 2. Whether
he allowed the keeping of the Assemblie holdin at Aberdeen, and
the declinatour givin in to the counsell, by them who keeped it ?
3. Where was his letter writtin to the synod of Fife? &c. He
answered, " I am a free subject of the kingdom of Scotland, which
hath lawes and priviledges of the owne, als free as anie kingdom
in the world, to the which I will stand : there have beene no sum-
mouns lawfullie executed against me ; the noble men heere present,
and I, are not in our owne countrie ; the chxrgc suicr inquirenclis
582 calderwood's historie 1606.
was long since condemned as unjust ; I am bound by no law to
accuse my self, by furnishing dittay against my self." He desired
the noblemen present to remember what they were, and where
they were, and to deale with him, howbeit a meane man, yitt a
free borne Scotish man, as they would be content to be used
themselves, that is, according to the lawes of the realme of Scot-
land. The advocat notwithstanding urged him to answere, with
whom he interchanged some sharpe speeches. He told him, that
howbeit he had not studied the lawes as he had done, yitt he had
learned his logick, and taught it in schooles. The Erie of Dumbar
said, " Mr James, will yee not deigne his Majestic with an
answere ? " " With all reverence," said Mr James, " if I may know
the questioun, and have tyme to advise upon a good answere."
" Yee sail have that," said Dumbar : " I understand yee have a
supplicatioun sent from the ministers in prisoun to the king : will
yee give it me ? " " Yes, my Lord, " said he, " and I humblie^intreat
your Lordship to present it to his Majestic, and to helpe, so farre
as your Lordship can. " So he delivered it to him, and then was
willed to remove to his bed-chamber, there to stay till he were
called again. The rest were called on by course, and sent in to
the bed-chamber, where Mr James was. Mr Andrew Melvill
being called last, told them plainlie, they knew not what they
were doing : they were degenerated from the ancient nobilitie of
Scotland, who were wount to give their lives and their lands for
the freedome of their countrie and the Gospell ; but they were
bewraying and overturning. It becoming late, they were dismissed
till the nixt day.
THE EIGHT MINISTERS AT DR KING'S SERMOUN.
Upon Tuisday, the 30th of September, they were againe called
to sermoun, before the king's removall from Hamptoun Court.
Doctor King made a mostvirulent invective against the presbytereis,
crjing to the king, " Doun, doun with them !" All the four
scrmouns to which they were called, made by Doctor Barlo, Bishop
1606. OF THE KIRK OF SCOTLAND. 583
of Rochester, Doctor Buckridge, Doctor Andrewes, and Doctor
King, were sett furth afterward in print.
This day, the king entered in progresse with the Count Vaude-
mant ; and becaus there was muche bussinesse, it behoved them to
have patience.
The same day, the brethrein returned their answeres in writt, to
the articles delivered to them the day before, everie man severallic,
all to one effect, as they had answered the day before by word.
A PROCLAMATION DISCHARGING MINISTERS TO PRAY FOR THE
IMPRISONED.
In the meane tyme that the brethrein were thus used at court,
there was a proclamatioun at the Mercat Croce of Edinburgh, upon
the 13th of October, against the imprissoned ministers, the tenour
wherof followeth : —
" By the King.
" Wheras diverse of the ministrie of that our kino-dome of Scot-
land, patrons as it seemeth, and allowers of that contemptuous
conventicle held at Aberdeene, the secund day of Julie, 1605, by a
little handfull of the basest and most ignorant of that profes-
sioun, whose seditious proceeding being first condemned by our
counsell in that kingdome, and therafter the same by the commis-
sioners of the Generall Assemblie declared to be no lawfull
meeting, and the principall authors of the said conventicle having
incurred the paines of treasoun for their treasonable declynning of
our counsell's authoritie, for which they were convicted in a Justice
holdin at Linlithquo, the 10th of Januarie last past; do not spaire
in their ordinarie sermons and exercises, and in their prayers, to
remember these convicted tratours, as distressed, afflicted, or perse-
cuted brethrein, praying for their deliverie ; implying us thereby
to be tyranns, and our governement tyrannicall, to the high
contempt of us, our authoiitie, and without all exemple anie tyme
formeriie observed in anie Christiane church :
584 c.vlderwood's historie 1606.
" Our will and pleasure is therefore, that by opin proclamatioun
at the Mei'cat Croce of our burgh of Edinburgh, and all other
places needfull, in our name and authoritie, all and whatsoever
ministers of that our kingdom be inhibited and discharged, that
none of them presume at anie tyme heerafter to remember in their
sermouns and prayers anie of these convicted tratours, or anie
other of their brethrein who are in waird, as guiltie of the same
treasoun ; nather anie way make mentioun of them, ather generallie
or particularlie, in anie of tlieir publict exercises, ather of preaching
or prayer, except it be in disallowing of their proceedings ; under
the paine of death, to be inflicted with all rigour upon suche as
will presume to contraveene the command of this our present
charge. Commanding heereby expresslie the lords of our counsell,
shirefFs, bailliftes, and all other magistrats whatsoever, als weill in
regalitie as royaltle, proveists and bailliftes of all burrowes and
touns, and all barons and gentlemen of anie qualitie within that
our kingdom, that if anie of them be present at anie suche
preaching or prayer, where these tratours and their fellowes sail
be favourablie remembred, that incontinent, upon the end of the
sermoun, they caus the minister trespasser heerin to be taikin, and
committed to the nearest waird : and after acquainting of our coun-
sell therewith, that they bring sufficient prooffe and verificatioun
therof before them, to the effect the samine may be condignelie
punished, and that others may be terrified by their exemple from
committing the like. And our further pleasure and will is, that
printed copeis of this our charge be delivered to principall
magistrats both to burgh and landwart, and to all ministers of anie
principall burghes within that our realme, that none doe anie way
p<rctend ignorance therof.
" Givin at our court of Hamptoun Court, the 26th day of
September 1606.
" God save the King."
Printed at Edinburgh, by Robert Charters,
Pi'inter to the King's Most Excellent
Majestic, Anno Dom. 1606.
1606. OF THE KIRK OF SCOTLAND. 585
A PROCLAMATION AGAINST PAPISTS.
Least by this proclamatioun the king sould incurre anie suspi-
cioun of declyning to Poprie, another proclamatioun was made
against Papists, conforme to a charge givin at Ilaraptoun Court at
the same tyme, to witt, the 26th of September. The tenour
followeth :■ —
" Wheras during our stay in that our kingdome, we were ever
carefull of the advanceing of true religioun, and of the suppressing
of all contrarie professours ; and having for that purpose caused
make manie severall statuts, acts, and proclamatiouns, als weill
against Jesuits, Seminarie preests, and excommunicated Papists, as
against their recepters and interteaners, yitt becaus of this our
late proceeding against these seditious ministers, keepers of that
contemptuous conventicle at Aberdeene, some of these Papists
and preests, as we understand, dreame to themselves of some over-
sight, as that this bussinesse in settling that misdemeanour of
these ministers, and putting order thereto, might perhaps divert us
from having anie regarde of them altogether ; who being heereby
emboldenned, have not spaired of late to kj^the more openlie nor
ever they did before tymes ; and, as we understand, there is daylie
resort of Jesuits and Seminareis thither, who are verie bussie with
persons of all qualiteis in that our kingdome, preassing to draw
them to their erroneous faith and doctrine : Wherin, how ever, we
have had against that handfull of these obstinat seditious ministers,
for that their contemptuous meeting at Aberdeene, most just caus
of wrathe, yitt their personall offence moved us never to dislyke
their functioun, or anie of the same, who were weill disposed ; nather
was our former resolutioun of suppressing and rooting out of that
Popish antichristian doctrine anie way impaired or relented, by
the fault of these ministers ; but as, no doubt, all our good subjects
ai*e in their mindes fullie perswaded of our integritie and sinceritie,
in the professioun of the true rcligioim, so doe we ever intend to
sett fordward all things that may advance God's glorie, and represse
the enemeis of the same. "
586 calderwood's historie 1606.
" And, therefore, our pleasure and will Is, that a diligent regard
be had by our counsell of that kingdome to putt all our lawes,
statuts, and proclaraatiouns made for staying the increasse of
Papists, for apprehending of Jesuits, Seminareis, and excommuni-
cated Papists, and for punishing of them, and suche as sould ather
recept or Interteane them, to due executloun, with all rigour and
severitie ; willing everie bishop within his owne diocie, and cache
presbyterie within the owne bounds, to learne out where there
may be anie just caus of complaint therof, and to certlfie our coun-
sell of the same, to the effect they may take exact order there-
with, and injflict the due punishment upon the offender, which by
the law is prescribed. And heerof our will is, that publicatioun be
made by opin proclamatioun at the Mercat Croce of Edinburgh,
and all other places needfull, that none pretend ignorance of the
same ; and that suche as have gone astray may conforme them-
selves in due tyrae, otherwise to exact the extremitie of the law
to be executed against them. Wherin we would have these whose
charge it is to proceed with ecclesiasticall censure against contrarie
professours, to have a speciall care of their duetie in that point ;
and as we sail have notice givin to us of anie suche persons, we
sail, with our sword of justice, minister the rigour of the law
against them.
" Givin at our court of Hamptoun Court, the 26th day of Sep-
tember 1606.
" God save the King."
Printed at Edinburgh, by Eobert Charters,
Printer to the King's Most Excellent
Majestic, Anno Dom. 1606.
THE EIGHT MINISTERS AGAIN CALLED BEFORE THE SCOTISH
COUNSELL.
Upon the secund of October, the brethrein at court were again
called before the Scotish counsell. Three articles were delivered
to them in writt, wherunto they were willed to make answere by
1606. OF THE KIRK OF SCOTLAND. 587
writt, everie one severallie, and to take what tyme they pleased ;
and it was permitted to them to goe where they pleased, providing
they went not farre from court, and made the place of their abode
knowne, that they might be found, when it pleased his Majestic to
call for them. The ministers desired the counsell to subscribe the
articles. They refused, but commanded Mr Alexander Hay to
subscribe them.
ARTICLES WHERUNTO MR ANDREW MELVILL, MR JAMES MELVILL,
MR JAMES BALFOUR, MR ROBERT WALLACE, MR WILLIAM SCOT,
MR JOHNE CARMICHAEL, MR WILLIAM WATSONE, AND MR ADAM
COLT, ARE DESIRED, IN HIS MAJESTIE'S NAME, TO GIVE THEIR
DIRECT ANSWERES, EVERIE ONE OF THEM SEVERALLIE FOR
THEMSELVES.
" 1. Whether if they have not transgressed their duetie, in
making publict prayers for the brethrein in waird ; and are willing
to crave his Majestie's favour therefore, seing theu' said brethrein
abide in waird for just causes, and by a just sentence of a lawfull
judge, standing unquerrelled and unreduced ?
" 2. Whether they acknowledge his Majestic, by the authoritie
of his prerogative royaU as a Christian king, to have lawfull and
full power to convocat, prorogat, and desert upon just and necessar
causes knowne to him, the assembleis of the kirk within his Majes-
tie's dominiouns ?
" 3. If his Majestic, by his authoritie royall, has not sufficient
and lawfull power to call and conveene before him and his coun-
sell, whatsomever persoun or persons, civill or ecclesiastick, for
whatsomever faults, and give sentence theranent ; and if all his
Majestie's subjects be astricted to compeere, being cited before his
Majestic and counsell, to answere, acknowledge, and obey his
Majestic and counsell's judgement in the said offences ? 2 Octob.
1606.
" The articles abovewrittin by his Majestie's counsell, appointed
588 calderwood's historie 1606.
to be delivered out of my hand to the ministers above-
mentlouned, by his Majestie's speclall command,
" Alexander Hay."
A CONFERENCE BETWEENE THE ARCHBISHOP OP CANTERBURIE
AND SOME OF THE EIGHT MINISTERS.
After they had gottin dispatche at court upon Thursday, the
secund of October, they went doun that same night by water to
"Westminster. Upon Moonday, the sixt of October, Mr William
Scot and Mr William Watsone were sent for by the Archbishop
of Canterburie, and after long conference, he propouned to them
three questiouns, which he would have givin them in writt, but
they would not receave them, least that sould have drawin on a
dispute. The questiouns, as they remember, Avere these follow-
ing :—
" 1. Whether If In anie of the ancients, the name of presbyter
was found givin to anie that teached not the Word, and ministred
not the sacraments ?
" 2. Whether the name of bishop in the ancients was found
givin to anie one who had not superloritle above the presbyters,
and rest of the clergie ?
" 3. Whether ever among the ancients we read of a presbyterie
or eccleslastick senat, that had not in and above It a bishop ?"
The archbishop had gottin directioun from the king to travell
with them all, and to convert them, if he could. But he found
these two so hard of his lore, that he despaired to call again for
them, or anie moe of their number.
At this lime they understood that there M'ere an hundreth mis-
sive letters to be directed to Scotland, for some mater of great
Importance, which afterward they understood to be the conven-
tioun at Linlithquo.
IGOG. OF THE KIRK OF SCOTLAND. 589
MR J. NICOLSON RESOLVED TO TAKE ON THE BISHOPRICK.
Upon the 13th of October, they penned a suppllcatloun to his
JSLajestle. Mr William Scot, Mr Johne Carmichaell, and Mr James
jSIelvill, conferred Avith Mr James Nicolsone verie freelie. They
found him a man farre changed in his opiniouns, and resolved to
take the bishoprick of Dunkelden, latelie bought to him by the
king from Mr Peter Kollock for twentie thowsand punds.
MR J. melvill's instructions to wormeston.
Upon Tuisday, the 14th, the Laird of Wormestoun conferred
with the Erie of Dumbar, having instructiouns from Mr James
Melvill, becaus it was not thought meete he sould come to him
himself. He counselled him to take up the mater betwixt the
king and them ; for if the king would proceed with severitie, they
were resolved to suffer, but if he would take it up, and deale with
them fairlie, there was nothing agreeable to reasoun but they
would condescend to it. Farther, that it was not good the bishops
sould want a partie to hold in their homes, &c.
the eight ministers' expences payed.
Upon Wedinsday, the 15th of October, the Erie of Dumbar sent
Robert Fowsie to their loodging, with eight scheats of gray paper,
full of English money knitt up in forme of sugar loaves, conteaning
five hundreth merks a piece to everie one of them, for their charges
and expences in comming to court.
DUMBAR REFUSETH CONFERENCE WITH THE EIGHT MINISTERS.
The eight dayes following, they assayed diverse tymes to have
had conference with the Erie of Dumbar, by two of their number,
but against Mr James Melvill his advice. They were not admitted,
590 calderwood's historie 1606.
and yitt all were quarrelled after, that he was not knowne. But it
was thought that this was done of policie.
THE SIX MINISTERS BANISHED.
In the end of September, after the actioun of the brethrein at
Hamptoun Court, Mr James Elphinstoun, secretaire, was du'ected
home, with commissioun to pronounce the sentence and doome
against the prisoners in Blackenesse ; and unlesse they would con-
fesse an offence, to see that they be banished the king's dominiouns ;
namelie, the six attainted of treasoun. So, upon the 23d of Octo-
ber, there being a conventioun of the nobilitie in Linlithquo, the
ministers convicted of treasoun were ordeanned, according to the
king's directioun, to be banished the king's dominiouns. The rest
who were wairded in Stirline, Downe, Dumbartane, were to be
confynned in barbarous parts, as the Lewes, the lies, Kintyre, Ire-
land, Cathnesse, and the place of confynement for everie one of
them designed. Others report, that upon the 23d of October, in
presence of the Justice and sindrie of the Privie Counsell, the six
ministers convicted of treasoun were ordeanned to be banished the
king's dominiouns for ever. Upon the sixt of November, about
foure aftemoone, they were desired to come to the boat, which
was prepared for them by the water bailliffe of Leith and Edin-
burgh. They came, accompanied with some of their dearest
freinds and wives, to the peere. Mr Johne Welshe conceaved a
fervent prayer upon the shore of Leith. The prayer being ended,
they tooke good night of their freinds, wives, and acquaintance,
entered in the boat, remained a good space waiting on the skipper.
Becaus he was not readie that night to goe a boord, the water
bailliffe desired them ather to goe a boord, and ly in the shippe that
night without the skipper, or ellis to goe to their loodging, and to
be readie at the nixt call. They choose rather to goe to their
loodging, and that not without a providence ; for that night there
fell furth suche a storme, that the shippe was forced to ly in
Kingorne raid all that night. They were called on again by two
1606. OF THE KIRK OF SCOTLAND. 591
houres of the morning, and manie people were attending on their
boating. Prayer being conceaved as of before, they embarked
with singing the 23d Psahue. The people were muche moved with
their exhortations and prayers, prayed heartilie for them.
THE PEST SPREADING IN THE MEANE TYME.
All this yeere, the pest spread through manie parts of the
coiintrie, and raged in some parts, speciallie in the toun of Air,
Stirline, Dundie, and St Johnstoun. The pest had not beene in
the toun of Air before for the space of sixtie or eightie yeeres. ISo
they were not onlie deprived of a faithfull pastor, Mr Johne
Welshe, but also visited by the plague of pestilence.
THE EIGHT MINISTERS' ANSWERS TO THE THREE ARTICLES.
Upon Tuisday, the fourth of November, Mr William Scot and
Mr Johne Carmichaell went to Westminster, and conferred with
Mr James Nicolsone, but were not weill pleased with his part.
Alwise, they delivered to him the answeres of their brethrein to
the articles givin in by the counsell, and their greeves, for so the
king had desired. The substance of their answeres and greeves
folio weth, for they agreed in substance, howbeit some were more
ample than others : and becaus they were traduced as unreverent,
rebellious, and of one mindewith the Papists tuiching the supremacie,
they used the greater submissioun. Mr James Melvill's answere
heere followeth : —
" With all submissioun, humilitie, and reverence to the king's sacred
Majestic, and with all heartilie offectioun to his grandour, and
extolling above all men upon the face of the earth, James Melvill
makes answere to the questiouns propouned by his Majestie's most
honorable counsell.
" 1. I can not conceave a transgressioun of duetie in praying for
592 calderwood's historie IGOG.
our brethrein, the command and warrant being so cleere in the
Word of God, 1 Tim. ii. 1 ; 1 Johne v. 16 ; Heb. xiii. 3. And if
I could conceave anie, prostrat at his Majestie's feete, with my
face on the ground, I would most willinglie crave pardon and
flivour.
" 2. The lawes of the realme, the judgement, practise, and
constitutiouns of our kirk, are cleere heeranent; and if there
remaine anie doubt, lett it be resolved in the nixt Generall
Assemblie, to the which by the whole synods it is referred.
" 3. The thrid is civill, for the most part of manie interrogatiouns,
and can not therefore be simplie answered ; and if to be doubted
of, it is by lawyers and estats of the realme to be resolved. And
as for the judging of ministers in maters spirituall and mere eccle-
siastick, as concerning their calling and points of their ministrie,
the which they have of and in Jesus Christ and his kirk allanerlie,
together with the jurisdictloun of the kirk, w^hat it is, and hoAV it
differeth from the civill magistrat's jurisdictloun and power, the
statuts of the realme, the judgement, practise, and constitutions of
our kirk, the king's Majestie's declaratioun at Linlithquo, and in
diverse Generall Assembleis, are most cleere and evident. To the
which I stand, till God teache my conscience better ; protesting
before that great God of heaven and earth, that if I thought it not
a sinne against Jesus Christ, the Lord of lords and King of kings,
and so most dangerous to the king's Majestie's persoun, crowne,
and state, to ascribe and give anie farther to him, there is none
living would be glader to imploy what lyes in his abilitie, for
avouching, mainteaning, and standing for the same to his utter-
most, than poore
" James Melvill."
THE GREEVES GIVIN IN BY THE EIGHT MINISTERS.
The cans wherefore they were deteanned about court was
pretended to be, that they had not givin in their answerea and
IGOG. OF THE KIEK OF SCOTLAND. 593
their grceves. But In truthe, it was to deteane them till they had
advanced their course at home, in the conventioun at Linlithquo.
Therefore, Mr James Melvill advised them to give in their
answeres and their greeves, before Mr James Nicolsone went
home, who was now almost the onlie great counseller in all these
maters.
THE GREEVES, AND ADVICE HOW TO PACIFIE THE TROUBLES OF
THE KIRK.
" Please your most excellent Majestic to heare the greeves which
your Majestic desired us to give up unto your Hienesse for
redresse ; as also, our advice anent the paclfeing of the estat of our
kirk.
" We are greeved, that these foure yeeres the Generall Assem-
blle of the Kirk of Scotland has beene prorogued In so needfull and
dangerous a tyme, when all estats are carefuU of their priviledges,
and Papists, atheists, and licentious persons, contemne the disci-
pline of the kirk.
" We are greeved, that fourteene ministers sould ly yeere and
day in waird and prisoun from their flockes and famileis, whill
the hand of God is striking so sore, by the plague of pestilence
among them.
'* We are greeved, that the commissioners of the kirk who vote
In parliament in name therof, have nather entered to that office,
nor behaved themselves therlnto according to the cautiouns and
oi'der sett doun by your Majestic, In the Generall Assemblie holdin
at Montrose ; and namelie, that these cautiouns ordeanned to be
insert In the act of parliament which was to be made in their
favour, howbeit oifered by the commissioners of the Generall
Assemblie, were refused and rejected at Perth,
" We are greeved, that the commissioners of the Generall
Assemblie made not tymous and faithfuU walrning to the presby-
tereis of the Assemblie appointed by your Majestic to be holdin at
Aberdeene, which was the first cans of all this trouble ; and yitt,
VOL. VI. 2 P
594 CALDERWOOD's HISTORIE 1G06.
that some of them satt in counsell, and were over fordward in
condemning the brethrein to prisoun.
" We are greeved at your Majestie's commissioner, Lanrestoun,
his unfaithfull, foolish, and false dealing at Aberdeene, the nixt
and immediat caus of your Majestie's offence, and of the troubling
of the brethrein.
" We are greeved at all the wrongs v^^hich these brethrein alledge
done unto them ; most humblie beseeking your Majestic to consider
and mend them, as nixt under God to doe the same.
"We are greeved, that we are deteanned so long from our
flockes and faraileis, in tyme of their dangers of the plague, and
other great necessiteis.
"All the which greeves, if it would please your Majestic to take
to heart and redresse, we darre be answerable for it, that the estat
of our kirk sould be pacified."
THE EXERCISE OF THE EIGHT MINISTERS.
Upon the fyft of November, the parliament of England sitting
doun again, the brethrein were excluded from all actioun and
dealing for themselves at court. In the meane tyme, they keeped
an honest table altogether, wherunto resorted manic honest
brethrein of the best sort. They keeped the exercise of the Word
and prayer, with fasting and humiliatioun one day in the weeke,
for the space of a moneth, speciallie for the bussinesses that the
king and his commissioners were compassing at home in Scotland.
In the meane tyme, they ceassed not to give in to their freinds
their supplicatiouns to be presented to his Majestic. Upon the
21st of November, they penned the supphcatioun following, which
Mr Alexander Hay presented to his Majestic, but he would not
looke upon it.
1606. OF THE KIRK OF SCOTLAND. 595
THEIR SUPPLICATION TO THE KING.
" Please your most excellent Majestle,
" We, your Majestle's most humble subjects, the ministers of
Christ in Scotland, having delivered five severall supplicatiouns to
be presented to your Hienesse in our names, one to my Lord
Dumbar, another to Mr James Nicolsone, a thrid to Mr Alexander
Hay, the fourth to the Bishop of Orkney, the fyft to my Lord of
Halyrudhous ; and having receaved no answere as yitt, of your
Majestie's gracious pleasure anent us, the conscience of our duetie
has constrained us to continue humble petitioners to your Hienesse,
as our just and Christian prince, whose favourable missive, cheere-
fuU acceptatioun, gratious and royall speeches, and loving conference
with us, and clement actlouns toward all in sending away humble
suters with joy full countenances, can not but give us undoubted
assurance (it being most honourable to your Hienesse) of a
favourable dimissioun to our countrie, flockes, and famileis, from
the which we have beene now absent in the space of half a yeere
in your Majestie's obedience. Manie thowsand soules of your
Majestie's faithfull subjects concredited to our charge, perishing
for want of the meanes of God's ordinance in our ministrie, are
conjunct petitioners with us both to God and your Hienesse, in
this purpose ; we our selves wandering, as ydle men of no calling,
to the shame of our professioun, from all imployment in our severall
rowmes, wherin we may and ought to serve God and your Majestic,
spending that moyen heere, wheron our famileis sould live at
home ; being also some of us through age, some through sickenesse
and disease, and other incidents, wearisome unto our selves,
through want of the necessarie conforts of our freinds and famileis.
Therefore, in most humble maner we beseeke your most gratious
and excellent Majestic, of your princelie wisdom and clemencie, to
consider our manie supplicatiouns, our great necessiteis everie way,
the desolatiouns of our flockes, and heavie greeves of our famileis ;
that being dismissed in your Majestie's favour, with licence and
596 calderwood's historie 1606.
meanes to returne home, we may the more cheerefulHe powre out
our dayhe prayers to God for your Hienesse' preservatioun, long
and blessed governement over vis all in this life, with a crowne of
glorie to your Majestic in the life to come, through Jesus Christ."
THE EIGHT MINISTERS* SEVERALL WAIRDS DESIGNED.
The effect they found of their supplicatiouns was this : Upon
the Lord's day, the 23d of November, Mr Alexander Hay came
to their loodging, sent as he said from the king, and intimated an
ordinance of the king, for wairding of everie one of them with a
severall bishop ; so muche was their remaining together invyed.
The king, and bishops, namelie, Canterburie had their spies, who,
under colour of freindhe visitatioun, reported both their speeches
and actiouns. Mr Andrew Melvill was to be wairded with the
Bishop of Wencester, Doctor Bilsone ; Mr James Balfoure, with
Norwiche, Doctor Gigon ; Mr William Scot, with Peterborough,
Doctor Dove ; Mr Johne Carmichaell, with Doctor Matthew,
Bishop of Yorke ; Mr Williame Watsone, with the Bishop of
Londoun, Doctor Vauchan ; Mr Adam Colt, with the Bishop of
Salisburie, Doctor Ravish ; Mr Robert Wallace, with the Bishop
of Rochester, Doctor Barlo ; Mr James Melvill, with the Bishop
of Durhame, Doctor James. This moved them all to great indig-
natioun, so that they were reasonablie sharpe with Mr Alexander.
In end, he receaved this answere : " If we have committed anie
cryme, lett us be judged orderlie, and punished; otherwise, we
will not dishonour God, the king, nor our owne calHngs, to ly in
suche men's houses, but will rather choose imprisounment or
banishment." They besought him to intreate his Majestic to
regard his owne honour, seing he had writtin for them ; the honour
of the countrie, and credit of their kirk, assuring him, they were no
good counsellers who putt that in his head. This being reported
to the king, they heard no more of that mater till a quarter of
yeere after, yitt they were forced to breake up their societie.
Before they siadered, they thought it needfull, that the foure
1606. OF THE KIRK OF SCOTLAND. 597
sermouns now published in print, sould be answered by Mr Andrew
Melvill, Mr Robert Wallace, Mr Johne Carmichaell, Mr William
Scott ; the historicall part was committed to Mr James Melvill.
THREE OF THE EIGHT MINISTERS CALLED BEFORE THE COUNSELL
OF ENGLAND.
Upon the last of November, Mr Alexander Hay willed by letter
In the king's name Mr Andrew Melvill, Mr James Melvill, and
Mr Robert AVallace, to come to his chamber at Quhythall, about
one of the clocke. When they came, he told them there were
some Latine verses come in the king's hand, for which they were
to be troubled before the counsell of England ; and so they were,
by and by. Mr Andrew being called before the counsell, confessed
that he had made suche verses, being muche moved with indigna-
tioun to see suche vanitie and superstitioun in a Christian church,
under a Christian king, borne and brought up sincerelie in the
light of the Gospell ; and speciallie, before idolaters, to confirme
them in their idolatrie, and to greeve the hearts of the true pro-
fessours. He said, he had a speciall purpose to have givin these
verses to the king, and to have uttered his whole minde to his
Majestic theranent, but could not gett accesse or occasioun ; and
had not givin them out as yitt to anie, and therefore mervelled
how they could have come in his Majestie's hands. When the
Bishop of Canterburie, sitting highest at the counsell-table upon
the right hand, spake unto him, he tooke occasioun to tell him
plainlie in his face, before the counsell, all that he thought. He
charged him with all the corruptiouns, vaniteis, and superstitiouns
of their charge, with profanatioun of the Sabboth, silencing, im-
prisouning, and bearing doun of faithfull preachers, holding up of
antichristian hierarchic, and Popish ceremoneis. Taking him by
the whyte sleeves of his rotchet, and shaiking them, [he] called
them " Romish rags," and a " part of the Beast's marke." He
told him if he was the author of the booke entituled English
Scotizing, he esteemed him the capital! enemie of all the reformed
598 calderwood's histoeie 1606.
kirks in Europ, and would professe himself enemie to him and all
suche proceedings, to the effusioun of the least drop of his blood.
He said he was greeved at the verie heart to see suche a man have
the king's eare, and sitt so high in that honourable counsell. He
painted out Bishop Barlo likewise in his colours, and querrelled
him for writting the conference at Hamptoun Court, wherin he
reporteth the king to say, that he was in the Kirk of Scotland, but
not of it, and other like horrible speeches; and mervelled that
suche a one was suffered to live unpunished exemplarlie, for
making the king to be of no religioun. The sermoun made at
Hamptoun Court he refuted breefelie, so long as he could gett
audience. Oftin was he interrupted, and at last removed to a part
by himself. Mr James was called in. The chanceller used him
courteouslie, and praised him for his learning, gravitie, godlinesse,
wisdom. He demanded two questiouns, as the king had com-
manded: 1. Whether he had writtin to Scotland the proceedings
at Hamptoun Court ? He answered he had, to satisfie his freinds,
who at his departure were desirous to be informed how maters
went. The archbishop asked how he had writtin ? if he had justi-
fied his owne part, and condemned the king's ? He answered,
nather by way of justificatioun nor condemnatioun, but onlie had
made a simple narratioun. Northamptoun insisted in the same
point. He said, " I have answered, my lord." The chanceller
said siclyke, " He has answered simplie and plainlie," and moved
the other questioun, If he had scene certane verses writtin in
Latine, against the ornaments of the altar of the king's chappell ?
He answered, he could not answere till he heard or saw the verses.
They gave him the verses to read. Then he said, he had scene
suche verses in his uncle, Mr Andrewe's hands, after the making
of them at Hamptoun Court, and was privie to the greefe and
motioun of his minde at that tyme. He asked if he had givin out
anie copeis, or sent them to Scotland ? He answered, none at all,
and that he knew not of anie givin out by his uncle to anie man
living, yea, he mervelled how they could come in the king's hand.
He was commanded to remove. Mr Robert Wallace was caUed
1606. OF THE KIRK OF SCOTLAND. 599
in, and demanded the same questlouns. He answered after the
same maner. After an hom"e's advisement, they were called in
again. Lord Edgerstoun, chanceller, admonished Mr Andrew to
joyne wisdom, gravitie, modestie, and discretioun, with his learn-
ing and yeeres. Pie was committed to the Deane of Paul's, to
remaine with him during the king's will. The other two were
commended to their owne discreit cariage, and gentlie wairned to
take heed to their speeches, writts, and actiouns.
The epigramme for which Mr Andro was troubled heere fol-
loweth : —
The altar verses — 'E.iriy^a'j^iJja Ba6u(pi^sv.
Cur stant clausi Anglis libri duo regia in ara ?
Lumina caeca duo, poUubra sicca duo ?
Num sensum, cultumque Dei tenet Anglia clausum,
Lumine C£eca suo, sorde sepulta sua,
Romano et ritu, regalem dum instruit aram,
Purpuream pingit relligiosa lupam ?
THE COUNSELL OF ENGLAND'S LETTER AND WARRANT TO THE
DEANE OF Paul's.
" Whereas one Mr Andrew Melvill, a minister of Scotland, hath,
by the king's Majestie's commandement, beene called before us at
the counsell boord, where he hath confessed himself to be the
author of some certane verses, or rather a pasquill, tending to the
scandall and dishonour of the Church of England ; for which his
great offence he has beene censured to be restrained of his libertie,
untill further proceeding sail be taikin with him, as saU seeme good
unto his Majestie in suche a cace as this is, and by impunitie may
prove to be ; you sail heereby understand, that his Majestie has
made choice of you, for the present, to receave him in your
custodie. Wherefore, in his Majestie's name, we require you
furthwith to receave him accordinglie, to remaine in your hous at
Paul's, not suffering anie to have accesse unto him, untiU his Majes-
600 calderwood's historie 160G.
tie's farther pleasure heerin to you signified. It is also thought
expedient, that your self doe at convenient tymes conferre with
him in suche points, as yee sail find different from the discipline of
the church heere established, for his better satisfactioun and con-
formitie ; wherin by your good endeavoure, you may deserve verie
weill of his Majestic and us. Not doubting of your extraordinarie
regard heerunto, we bid you fareweill. Novemb. 30."
MR WILLIAM COWPER'S LETTER, WRITTIN TO THE BISHOP OF
DUMBLANE ABOUT THE SAME TYME.
"Brother, — I have receaved your commendatiouns from B,
which were needelesse, if yee had keeped your wounted heart. As
for me, I never hated you. Your course whei'in yee are entered
I never loved. Although the fruicts you enjoy be sweet, yitt the
end sail prove it never grew on the tree of life. Doing in a worke
of conscience with doubting, turneth light in darkenesse, wherupon
folio weth induratioun ; wherof it foUoweth, that manie in our kirk
without feeling, are coursers against their brethrein that have done
more good in the kirk, for the edificatioun of others, than ever
themselves did ; having nather eyes to see nor hearts to feele how
dangerous their estat is, who can not rise, but with the falling of
manie who in God have entered in this ministrie, closing the foun-
taines that God has opened. One of your owne told me, long er
the last ministers went to England, that they were writtin for to
reasoun ; but the end proved prisoun, and no appearance of return-
ing to some of them. These are the first fruicts of your prefer-
ment. Heere yee stand, and therefore I can not stand with you,
except it be, to witnesse to God in my heart against you, that
yee have gone wrong. Yee hope in this course to doe good ; but
it is hard for you to worke miracles. At least, yee will hold off
evill. But how sail yee draw in a yoke with them that ai'e draw-
ing on evill daylie ? Yee will not goe beyond the caveats of the
Generall Assemblie. But the answere givin to the commissioners
of the kirk at the last parliament by the chanceller, {' we enter not
1606. OF THE KIRK OF SCOTLAND. 601
bishops according to an act of the Assemblie, but according to that
which they were an hundreth yeeres since/) detexit fraudem. I
heard it givin, and so did the cheefe of themselves, A, B, C. Yee
skarre at them whom yee were blyth to see ; yee lyke not the
light yee loved ; yee compt these preachings unpleasant, wherin.
yee were wount to rejoice. These may tell you yee have fallin.
Consider your self where yee was, where yee are now, et quantulum
ilJud sit, proiUer quod, nos reliquisti. Thus, loving your self, and
not your way, I end."
THE CONVENTIOUN OF THE MINISTRIE AT LINLITHQUO.
About the midds of November, the Erie of Dumbar tooke
journey to Scotland. But before he tooke journey, Mr James
Melvill, desirous to aske his counsell, sought conference with him,
which was refused by him, becaus he would bid him doe nothing
but satisfie the king. The Erie of Dumbar's returning to Scot-
land gave occasioun of reports, that the discipline of the kirk Avas
to be subverted, and sindrie officers of estat were to be removed
from their offices. But the reports and sinistrous suspiciouns were,
by great dexteritie of the king's commissioners and their fitt instru-
ments, removed. "VYherupon the conventioun at Linlithquo was
appointed ; for some speciall ministers being now exiled, wairded,
and confynned, they thought it a fitt tyme to sett fordward their
course. About the beginning of December, letters were sent from
his Majestic to everie presbyterie, commanding them to send suche
men as were nominated in the missive to Linlithquo, the tenth of
that instant, to consult and advise with some noble men for sup-
pressing of Papists and removing of jarres in the kirk. In his
missives he compleanned that he was frustrated of the expectatioun
he had of the good issue of the conference with the brethrein at
Ilamptoun Court, and therefore desired this meeting that he might
have their best resolutioun and advice for the peace of the kirk.
These words in the missives made men beleeve that this meetino-
sould be onelie a preparative to a full Generall Assemblie. There
602 calderwood's historie 1606.
was no mentloun made in the missives of a Generall Assemblie,
atlier hy name or by descriptioun. The secund Tuisday of May,
which Avas the day appointed for the Assemblie by proclamatioun,
was not altered by proclamatioun, nather was there in the missives
sett doun anie motives to prorogate or prevent the day. Who,
then, could be enduced to thinke that the secund Tuisday of May
was prevented ? No intimatioun was made in the missives or by
opin proclamatioun, that all that had interest might repaire unto
it. Nather were the particular missives delivered to everie pres-
byterie, as was needfull, all having interesse, seing there was no
other kinde of intimatioun. And yitt it was their purpose, if
maters succeeded, to avouche it a Generall Assemblie. But fearing
the successe, they would not give the name of a Generall Assem-
blie as yitt to that meeting. For the same feare, some presby-
tereis were not wairned ; but upon the presbyterie day before the
meeting, the brethrein sent for to court deteanned ; privie letters
were also directed to particular brethrein, wherin they were willed
to keepe that appointed dyet, whether the presbyterie gave them
commissioun or not. I have heere subjoynned a copie of the king's
missive, sent to the presbyterie of Dumfermline, that the reader
may judge whether it was the indictioun of a free Generall Assem-
blie or not : —
" Trustie and weilbeloved, we greete you heartilie weill. Our
knowledge of the jealouseis and distractiouns of the late tyme,
arising without anie necessar or essentiall caus in the Kirk of Scot-
land, the j)rogresse wherof might tend to opin dissensioun among
the pastors to their owne trouble, the evill exemple of our people,
and our miscontentment, having moved us to send for a number of
the ministrie Avhom we understood to be of knowledge and good
experience, that by their informatioun the causes of these greeves
might be truelie knowne, and the best meanes devised for removing
suche unnecessar conventiouns, and reducing their proceedings to
a settled and good order, for their owne quietnesse and our obe-
dience ; we have not receaved that satisfactioun of them which we
expected, their answeres tending more to ignorance of these dis-
1606. OF THE KIRK OF SCOTLAND. 603
tractiouns and grudges, (which, to our greefe, are verie manifest to
the world,) nor to anie advice of the remedeis therof : And becaus
we could not be blamelesse of unduetifuU negligence, if we sould
leave anie good meanes unessayed which might bring readiest
reraeed unto bypast disorders, and best assurance for good order
in the kirk, and obedience to our authoritie in tyme comming :
Therefore, we have thought it necessar to appoint some noble men,
and others of our counsell, to conveene with a good number of
godlie, wise, and learned ministers of the presbytereis of that our
kingdom, at Linlithquo, the tenth day of December nixtocum, to
advise and resolve upon the remeeds of bypast distractiouns ; pre-
venting of imminent dangers by the daylie increasse of the num-
ber of Papists travelling in all corners of that kingdom, to disturbe
the peace of the kirk and countrie, and to subvert our royall estat ;
and for settling of good order and quietnesse in the kirk, and obe-
dience to our authoritie. For which purpose, our will is, that yee
direct Mr Johne Fairfull, minister at Dumfermline, Mr Andrew
Forrester, minister there, and Mr James Stewart, minister at Saw-
ling of your presbyterie, to be present, with suche of our nobilitie
and counsell as we have commanded, to meete them the said day
and place ; that by them they may knoAV our godlie and just
desires, and that suche as yee send may give their informatioun,
advice, concurrence, and judgement, to the furtherance of good
order, peace, and obedience in the kirk and countrie to our autho-
ritie ; preventing of Papists' courses, delating of the names of the
authors therof, and suche as recept Jesuits, preests, and trafBquing
Papists or others excommunicated persons ; as also suche as resort
not to the kirk and communioun, according to our lawes and acts
of parliament made theranent ; and in all other maters of the
like nature, tending to the peace of the kirk and our obedience,
wheranent our constant affectioun to the advancement of all suche
godlie purposes will be more largelie signified to them at the said
meeting by suche of our nobilitie and counsell as have our expresse
directioun in these maters. So, resting assured of your confor-
jnitie and duetifull obedience in the performance of this our com-
604
calderwood's historie
1G06.
mand, tending to so godlie and necessar ends, we bid you heartilie
fareweill.
"At Newmarket, the 20th of October 1606.
" To our trustie and weilbeloved, the ministers of the presby-
terie of Dumfermline.^'
A FAITHFULL REPORT OF THE PROCEEDINGS OF THE CONVEN-
TIOUN HOLDIN AT LINLITHQUO, DECEMBER 10, 1606.
Were i)resent the noblemen following
Montrose.
Wigtoun.
Master of Lothian.
Blantyre.
Advocat.
Glencarne.
Kinghorne.
Lord Newbottle.
Culrosse.
Kinnaird.
Balmanno.
Torrie.
Collector.
Linlithquo.
Abercorne.
Lindsey.
Halyrudhous.
Clerk Register.
Orkney.
Lothian.
BARONS.
Waughtoun.
Balcolme.
Balvaird.
Uchiltrie.
Justice Clerk.
Bruntiland.
Dumbar.
INIaster of Montrose.
Skoone.
Privie Seale.
Kilsyth.
Innerweeke.
Sir Johne Hammil-
toun.
COMMISSIONERS FOR HIS MAJESTIE.
Montrose. Collector. Kilsyth.
Lindsey. Blantyre.
The ministers out of presbytei'eis were about the number of 130 ;
out of the most part three, out of some five, some six, according as
they were made to favour the purpose. Mr Patrik Galloway, as
moderator of the last Assemblle, was desired to have preached on
the morne. lie refused, alledging he knew nothing of that meeting,
1606. OF THE KIRK OF SCOTLAND. 605
and was not provided. It was answered, that the meeting sould
be prorogued to the 22d of that instant, and so he sould have tyme
to be provided. But he continued constant in his refusal!. In
end, he was dealt with to make a prayer as his Majestie's minister,
and not as moderator at the meeting, wherunto he yeelded. So
the Bishop of Orkney, Mr James Law, made the sermoun upon
these words, " Pray for the peace of Jerusalem." Therafter, Mr
Patrik addressed himself to the moderator's place, prayed, and
made a discourse upon Matt, xviii. 20. He opened the causes why
his Majestic appointed that meeting, namelie, to take order with
Papists, to advise what way ministers might be better provided
with constant stipends, and how the jarres among the pastors
might be removed. The Erie of Montrose, principall in commis-
sioun, followed with a short harangue, Avhich was explained by Mr
Patrik, becaus his voice was weake ; the summe wherof was, that
we had all cans to praise God for the care that his Majestic had
for the peace of this kirk, and maintenance of the freedom therof ;
and ended with an exhortatioun to the brethrein conveenned, to
judge charitablie of his Majestie's proceedings, and to give to his
Hienesse satisfactioun in the maters to be propounned.
Mr Johne Prestoun seconded him with a large discourse of the
paines and travells which his Majestic had tane in the effaires of
the kirk, the manie good lawes made by his Majestic for mainten-
ance of religioun, the great care his Majestic had to have all the
kirks of Scotland planted, and how in all the expeditiouns made in
the south and the north against his Hienesse' rebells, his Majestic
[was] imploying ever some tyme in the elFaires of the kirk : And
so ended, with exhortatioun to give his Hienesse satisfactioun.
The Clerk of Register followed, affirming, that selng his Majes-
tic was a Christian and religious prince, and so weill grounded in
his religioun, to the admiratioun of the whole world, that he ought
to be obeyed in aU his directiouns ; alledging Paul, in his Epistle
to Timothie, exhorting for the peace of the kirk to pray for all
princes, speciallie for the tyranne Nero, under whom they then
Buffered persecutioun. He remembrcd some speeches uttered by
606 calderwood's histoeie 1606.
certane of the princes of Germanie, namelie, the Duke of Saxon,
extolling his Majestie's constancie in his religioun ; and so inferred,
that seing strangers had so reverent regarde of his Majestie, his
owne subjects sould not be led with a sinistrous conceate.
After this, Mr Patrik Galloway said, it was needfull that there
sould be a moderator chosin ; and produced foure in leit from his
Majestie, viz,, Mr Patrik Schairp, Mr Robert Howie, Mr Alex-
ander Lindsey, Mr James Nicolsone ; and the said Mr James was
chosin moderator. When he entered in his place, he assumed Mr
Henrie Philip, minister of Arbrothe, to be his scribe, without the
oath of fidelitie. Therafter, a number were nominated for the
privie conference, which was appointed to be that after noone;
and so the Assemblie dissolved for that day.
When the brethrein's votes were required, they answered, that
they had no commissioun from their presby tereis to vote anie thing.
They were desired to vote as privat men appointed to come there
by his Majestie, call their vote Advice or Vote as they pleased.
And so they did, and so Mr James was chosin moderator.
When some desired to know what kinde of meeting that was,
minding to have protested against it if they would have made it a
Generall Assemblie, it was answered, it was onlie a meeting convo-
cated at his Majestie's desire. Yitt manie of the ministrie fearing
the evill, as Mr Adam Bannatyne, Mr Archibald Simsone, and
others, were minded to give in a protestatioun against it. Which,
when the bishops understood, they caused them to be cited before
the counsell, and there they were exhorted to desist, whill they
saw if anie thing were done in prejudice of the kirk ; which, if they
perceaved, they assured them they sould protest against it als weill
as they.
Fryday, the elleventh of December, the Assemblie mett at elleven
houres ; and after prayer, the moderator examined the whole bishops
and commissioners of presbytereis upon their diligence in seeking
the executioun of his Majestie's lawes against Jesuits and excom-
municated Papists, of whom there were some givin in by everie
presbyterie in writt. There was no diligence reported, but excuse ;
1606. OF THE KIRK OF SCOTLAND. 007
and the cheefe excuse was upon the oversight granted unto the
Marquesse of Huntlie and his ladie. After a sharpe rebooke givin
to the bishops and commissioners for their negligence and oversight
in that point, the Assemblie dissolved for that night, and the con-
ference appointed to meete the morne at eight houres. All lawes
were sought out against Papists; and becaus the default was
in the executioun, an overture is devised, that everie presbyterie
sail have an agent to iuforme the counsell of all Papists, Jesuits,
excommunicats within their bounds, to raise lettei's to keepe the
counselFs dyets, and to see the counsell's decreits putt in executioun.
To everie one of these persons there is an hundreth punds modi-
fied to be payed by the treasurer yeerelie for his expences.
It was asked by the moderator, what was the caus of the jarres of
the kirk ? It was answered, the want of a free Generall Assemblie.
Therefore it was presentlie indicted to be holdin at Edinburgh,
the last Tuisday of Julie nixt following.
Supplicatioun being made for the banished brethrein, the breth-
rein confynned in the Hielands, for Mr Robert Bruce, and these
deteanned at Londoun, all men were putt in hope of their restoring.
The commissioners promised to doe their endeavoures, as they had
putt all men in hope of before ; and desired some of the principall
ministers to write to their banished brethrein, and to move them
to acknowledge their offence, and to crave his Majestie's pardoun.
Then came in his Majestie's desire, that untill the tyme Papists
were repressed and jarres removed out of the kirk, a constant
moderator might be appointed for everie presbyterie, becaus, in the
changing of the moderators, the diligence in executing of the pro-
cesse failed, becaus the new moderator was unacquainted with the
former proceedings. It was answered in the privie conference, that
all the presbyterie, and everie brother therof, sould know the estat
and proceedings of maters, and so might be able to putt maters in
executioun, muche more, the fittest chosin to the purpose, accord-
ing to the nature and state of the eflTaires in hand. Mr Patrik
Galloway propouned three difficulteis : 1 . The prejudging of the
presbytereis in their free electioun, who did best know the quali-
608 calderwood's historie 1606.
tels of their members. 2. The tyrannizing of suche a moderator
over his brethrein, and usurpatioun of jurisdictioun and authoritie
over them. 3. The prejudice of the Generall Assemblie in the
free nominatioun of commissioners for everie presbyterie, seing, by
all appearance, there was no other thing meant, but to make the
Generall Assemblie consist of bishops and moderators of presby-
tereis.
For removing of these difficulteis, it was provided, that the
moderator sould be answerable to the synod for all his oversights
and offences, and removable by them after a lawfull tryell, and the
wortliiest of the presbyterle preferred to his place.
That everie presbyterie sould have free electioun of two or three
commissioners to everie Assemblie, and that it sould be in their
optioun to make choice of the moderator or not. Alwise, all the
moderators are appointed to be present at everie Assemblie.
These cautiouns being sett doun, and the article fullie agreed
upon in the privie conference, it past in opin Assemblie, and [was]
agreed upon, that he who before was named the Agent sould be
this constant moderator. Two were non liquet ; foure refused to
vote, as wanting commissioun; 125 ministers agreed, all of them
corrupted with hope, feare, honour, money ; or of the basest sort
of the ministrie, as James Eeid, Mr James Betoun, Mr Johne Dal-
yell, Mr Adam Mitchell, and suche others. There was nominated
for everie presbyterie one, to be moderator and agent against the
Papists.
The noblemen suspected of Papistrie are ordeanned to be con-
fynned in the touns following, viz., the Erie of Sutherland, his wife
and mother, in Innernesse ; the Erie of Cathnesse and his ladie in
Elgine ; the IMarqueis of Pluntlie, his wife and barnes, in Aber-
deene ; the Erie of Angus, his wife and barnes, in Glasgow ; the
Erie of Hume and Lord Hereis in Edinburgh ; the Lord Maxwell
in Leith ; the Lord Sempill in Irwing. The bishops, with their
owne consents, were ordeanned to be subject to the discipline of
the kirk, and to be resident pastors at the kirk of their title, to
underly the censures of the particular presbytereis ; and are ordean-
IGOG. OF THE KIRK OF SCOTLAND. 609
ned to be resident at their kirks betuixt and Pasclie come a yeere,
under paine of depositioun, and to keepe the cautiouns. Incace at
the nixt Generall Assemblle, appointed to be holdin at Edinburgh,
it sail be found, that they have anie wise transgressed the cautiouns,
they offered to lay doun their bishopricks, that his Majestic may
bestow the same upon anie other of the ministrie that sail be
thought meete for the place.
Anent the planting of kirks and provisioun of ministers, the
commissioun of the parliament for the late erectiouns was declared
to beginne on the first of Januar, and the commissioners warned
to that effect.
The nobilitie, at requeist of the Assemblie, wrote to his Majestic
in favours of Mr Eobert Bruce, who was for the present in Inner-
nesse.
The lords commissioners finding a great number of the ministrie
present at the entrie of this Assemblie, who were not writtin for,
or sent by anie presbyterie, were in great doubt whether to charge
them to returne home. But fearing, that by removing of them,
the rest might have taikin occasioun to depart, and desert the
Assemblie, they suffered them all to remain e, and by occasioun,
make a Generall Assemblie of it, if things framed to the king's
contentment ; as, indeid, afterward they gave it the name of a
Generall Assemblie, and urged the presbytereis and synods Avith
the authoritie of it.
The great commissioner and the Erie of Dumbar thanked the
conventioun, in his Majestie's name ; desired the whole brethrein
to thanke him, seing they had found all things to their content-
ment ; and pray for him, and to make it knowne to their brethrein
and people, so soone as they came home, what good was done at
that conventioun. The Erles of Cassils and Eg-lintoun thinking
all things weill done, desired a copie of all things concluded before
their departure. It was alledged, that could not instantlie be
done. They promised with all diligence to goe to Edinburo-h,
and there cans putt in print all things concluded at that meeting,
that all men might know them.
VOL. VI. 2 Q
GIO calderwood's historie 1606.
What is wanting in the former report is suppleed out of this
following : —
ANOTHER REPORT.
In the meeting at Linlithquo consider two things : 1. The
forme and maner therof : 2. The maters handled.
The meeting was conveenned thus : His Majes tie's letters
closed were directed particularlie to some speciall persons of ilk
presbyterie in this land, requiring them to conveene at Linlithquo
the tenth of December last, to, &c. The brethrein required, as
said is, in thir parts, had occasioun of meeting with some number
of their brethrein of this province, (Fife,) with whom advising, they
resolved upon no speciall advice, except that they would give no
commissioun to that meeting, speciallie to suche as were thus
named, against the custome of our kirk, and liberteis therof, and
publict statuts in parliament made theranent, as yee know. Al-
wise, they passed there without commissioun. Yitt there was
there a frequent number, viz. of ministers, 132, and of noblemen,
33, beside manie barons, and some from the burghs.
There were handled these points: 1. Anent the suppressing or
reforming of Papists ; 2. Anent the planting of all the kirks in
this laud ; 3. Anent the remeed of the eylasts and distractiouns
which were amongst our selves in the ministrie heere. 1. As to
the first, Papists were ranked thus : some were Jesuits, preests,
sayers and hearers of masse ; and the whole number of ministers
were posed in conscience to delate their names. Manie ample
promises were made, and conclusiouns taikin for prosecuting with
all rigour the lawes against them; yea, his Majestie's guarde
heere was then to be directed to take and apprehend them.
Some were recusants or not-communicants, who were ordeanned
to be processed by the kirk with all expeditioun, and their names
also to be givin in with the roll to the counsell, who promised to
exact the penaltie prescribed in the law against them who at least
commuuicat not once everie yeere, and no exceptioun of persons to
be. And this to be the civill punishment, without prejudice of our
1606. OF THE KIRK OF SCOTLAND. 611
censures ; and promise made, that no letters sail be directed from
counsell, as was wount, to stay our discipline against anie person
whatsomever.
Some were noblemen contrarie minded, and not as yitt resolved,
albeit they have subscribed, sworne, and communicated some tyme
with us. These were ordeaimed, with all diligence to addresse
themselves to severall burghes, to heare the Word, confer, &c.
for their better resolutioun ; and yitt to be processed except they
went Weill on, and proffited, &c. And that these things might
take effect according to the minde of that meeting, these two aides
or helpes were devised : 1. That a letter of requeist sould be formed
and sent unto his Majestic, for causing the foresaid noblemen resort
with diligence to their severall appointed citeis.
2. Some brother was appointed an agent in everie presbyterle,
who sould be a constant moderator, to be answerable for his
diligence in these points. And for his service, he sail have in
pensioun of his Majestie's patrimonie an hundreth Scotish punds,
if he be not a bishop in that presbyterie ; otherwise, where the
bishop is, he sail have the burthein, and receave no gaine there-
fore, except the way which the course may make for his sole
regiment shortlie, conforme to our unioun with you.
And so for preests, albeit nothing be done as yitt in that mater,
except my lord Erie of Angus wanting moyen, is fynned to three
thowsand punds Scotish money, for three yeeres not communicat-
ing ; the Marques of Huntlie is come to you, to obteane his par-
dons and indulgences, &c.
Last, The acts of our Generall Assemblie anent instructing of
noblemen's sonnes at home, or who, passing out of the countrie,
returne Papists, are promised to passe by statute in the nixt
parliament.
2. For Planting of Kirks.
First, the lords modifiers chosin and appointed at parliament,
promised to sitt doun at Edinburgh the first of Januar, for modifi-
catioun of stipends to the abbey kirks of this new erect ioun. The
612 calderwood's historie 1606.
same to be done in bishops' kirks, and that by reasoun the act of
annexatioun was dissolved in their favours in this last parliament.
2. In benefices of cure, wherof noblemen have a good part of
the rent, the moderators, bishops, commissioners, are appointed to
deale with the lords of our Colledge of Justice, for obteaning
decreits at least of sufficient provisioun.
3. Where they are small benefices, and sett in tacks, to deale
with the tacksmen for obteaning augmentatiouns, and that by offer-
ing unto them new tacks, the gressome or intreisse silver whereof
sail accresfe to the stipend in all tyme comming, and not be im-
ployed to anie man's privat use ; and who refuseth augmentatioun
on this conditioun, their names to be sent to his Majestic, who sail
take farther order with them, or ellis their tacks to be sett to others.
4. Where kirks are neere adjacent, and ather meane in number or
provisioun, then the parliament sail unite two in one, and provide
for them.
3. J^or taiking up the eyelasts among the hrethrein, the causes therof
were tryed to he these : —
1. The wairding of the brethrein now banished or scattered,
wherof the remeed was thought to be this ; viz., a letter of suppli-
catioun was appointed to be sent unto his Majestic, and a writt of
informatioun to be formed by some of that number who were best
acquainted with his Majestie's minde and pleasure, to be sent to
the brethrein banished, to acknowledge their oversight. — Suche
physicians, suche medicine !
2. The want of the Generall Assemblie, which, with the advice
of his INInjostie's conuiiissioner at that meeting, was appointed to
be holdin the last Tuisday of Julie nixt.
3. An heavie suspicioun and feare in all good men's hearts,
that inbringing of bishops in our kirk sould spoile us of our disci-
pline, &c.
For remeed whereof, the bishops protested, that there was no
suche thing in their mindes, and willinglie submitted themselves
in all tyme comming to the judgement of the Generall Assemblie ;
1606. OF THE KIRK OF SCOTLAND. 613
and that his Majestie's minde and pleasure was never otherwise,
but that the most wise and grave men might be moderators of the
presbytereis ad culpam, who sould be subject to the judgement of
the provinciall assembleis, without anie further power than they
had before, except that his Majestic would have them members of
his parliament for the kirk. Some objected their non-residence
within their diocie, and not preaching there where their benefices
lay. They answered, their benefices were spilt, and wanted
present provisioun ; and, therefore, required a tyme to seeke the
benefite of the law. That meeting ordeanned, that betuixt that
tyme and Julie nixt, they sould ather make residence, or dimitt
their place to others, who sould doe the same.
Last, there was an adraonitioun and exhortatioun givin to all
the brethrein, to interteane alwayes charitie and love among them-
selves, and to bewar to speeke anie thing unadvisedlie against
his Majestic.
THE ACT OF THE ASSEMBLIE, AS IT WAS PRODUCED A HALFE YEERE
AFTERWARD TO THE SYNOD OF FIFE, SUBSCRIBED BY THE MODE-
RATOR, MR JAMES NICOLSONE, AND CLERK, MR HENRIE PHILIP,
IN TENOR AND FORME AS FOLLOWETH.
'' At Linlithquo, Sess. 3, Decemb. 12, 1606.
"In like maner, the conference finding that nothing more
weakenneth the credit and strenth of the ministrie and discipline of
the kirk against Papists, and more emboldenneth the adversareis
to goe forward in their erroneous course, than the appearance of
divisioun in the ministrie among themselves, and the alienatioun
which seemeth to be of his Majestie's minde from some of them :
Therefore, the removing of all eylast, and shew of divisioun and
alienatioun of mindes, ather among the ministers themselves, or of
his Majestie's good affectioun and favour from anie of them, was
thought a soverane remedie for the more effectuall suppressing of
Papistrie \ and having searched and found out the cans ofdistractioun
614 calderwood's historie 1606.
and alienatioun of mindes foresaid in the ministvie, to be partlle a
feare, that some of our brethrein were of purpose, and upon course,
to subvert the libertie and discipline of the Kirk of Scotland, by
removing their sessiouns, presbytereis, provinciall and Generall
Assembleis, or by usurping in their owne persons some lyke
tyrannous and unlawfull jurisdictioun as it is no wise lawfull,
nather to be tolerated in a trulie Christian reformed kirk, and to
shake oif their obedience to all good order and comelinesse estab-
lished, or to be estabhshed, by the lawfull Assembleis with his
Majestie's consent ; and partlie a greefe that some of their
brethrein were banished furth of his Majestie's dominiouns, and
others distressed by long wairding, and relegatioun from their
habitatiouns and charges ; and finding lykewise, by the declara-
tioun of his Majestie's commissioners, and suche as were privie to
his Majestie's minde, that his Hienesse was no lesse greeved with
diverse actiouns and formes of some of the ministrie, for not hav-
ing due regarde and care to use suche course in their actions and
administratioun in the ku"k effaires, as might serve to interteane a
solide peace and quietnesse betuixt his Majestic and them, as
hkewise mutuallie amongst themselves ; and in speciall, that the
charge of that governcment Avas oftin tymes, and almost ordinarlie
committed to suche as for laike of wisdom and experience were no
wise able to keepe their estat in anie good frame or quietnesse,
wherunto his Majestic imputed the cheefest cans of all the greefes
and troubles which have fallin out this long tyme amongst the
ministrie themselves, or anie offences givin by anie of them to his
Majestic ; and that his Majestic could not be satisfied whill this
inconvenient were first removed, and a faithfull remedie provided,
that heerafter the like sould not fall out, which his Majestic sum-
marilie comprehended in this : ' If the effaires of the kirk sould
be administrated by the wisest and most godlie ;' wheranent also,
his Majestie's speciall overture, as heerafter followeth, was pro-
pouned : ^ —
^ This was not iiroponed this way, but first under the Dane of agent. — K'otc in
the Oriyinal.
1606. OF THE KIKK OF SCOTLAND. 615
" It is his Majestie's advice to this Assemblie, and pleasure,
that presentHe there be nominated in everie presbyterie, one of
the most godlie and most grave, of greatest authoritie and experi-
ence, and mectest for governement, to have the moderatioun of
his presbyterie where he remaines, till the present jarres and fire
of dissensioun which is among the ministrie, to the great pre-
judice of the authoritie and credit of the same, and the hinderance
of the Gospell, and his Majestie's high offence, be quenced and
taikin away ; and the noblemen, and others professing Papistrie
within this kingdom, be ather reduced to the true professioun and
obedience of the Gospell, or ellis so repressed, by justice and
executioun of lawes, or by the labours of the ministrie, and disci-
pline of the kirk, that they be not able to hinder the course of the
Gospell, or strenthen and enlarge the power and credit of false
religioun ; and that the cheefest burthein of delatioun of the said
Papists, and solistatioun for justice, and executioun of lawes against
them, be committed unto the saids moderators. And that the
bishops in the presbytereis where they are resident in one of the
kirks of the bishoprick, have this care and burthein committed
unto them. And seing it will crediblie fall out, that in the presby-
tereis, through the greatnesse of parteis, and the longsomnesse and
the difl&cultie of the processe, the said moderators will some tymes
be constrained to referre the doing heerof to the provinciall assem-
blie, and the moderators therof: It is therefore his Majestie's
advice and pleasure, that the moderatioun of the provinciall
assemblie, and persuing of actiouns of greatest difficultie, be com-
mitted to the bishops making lawfuU residence within the said
province, or to the worthiest of them, when it sail happin moe nor
one to be within a province ; in respect that his Majestic has
bestowed upon them moyen and places, whereby they may be able
to beare out the charges and burthein of difficill and dangerous
actiouns, which other ministers were not so able to susteane, and
likewise, by their credit and place in counsell, arc able in suche
causes to procure greater celeritie and executioun of justice as in
suche caces will be requisite, than others.
616 CALDERWOOD's HISTORIE 1606.
" The conference having advised, first, anent the talking away
of the foresaid feares and susplciouns, and satisfactloun of their
greeves ; and willing to understand of his Majestie's commissioners,
and suche as latelie had beene acquainted with his Majestie's
intentiouns ; and AvlUing to heare the declaratioun of the bishops
heeranent, as tuiching their owne intentiouns and purpose in this
earand :
"It was declared, that it was not In anie wise his Majestie's
purpose and intentioun to subvert the present discipline of the
Kirk of Scotland, but rather to augment and strenthen the same,
so farre as could serve for the weale of the Gospell, and restraint
of vice ; and to see suche eyelasts and offences, as in the adminis-
tratioun therof was the occasioun of just miscontentment unto his
Majestic, and an hinderance to the credit and authoritie of the
ministrie amongst the people, and amongst the ministrie themselves,
be removed and taikin away, by suche good overtures as are above
expressed. In signe wherof, as there is nothing done in deroga-
tioun of holding of the sessiouns, presbytereis, or provinclall assem-
bleis, so it was never his Majestie's intentioun, but that the
keeping of Generall Assemblels at certan competent tymes was
and is a most necessar meane, for the preservatioun of pietie
and unioun in the kirk, and exterminatioun of all heresie and
schlsme in the same. And, therefore, his Majestic doeth gratiouslie
declare, that as the act of Parliament doeth still stand in full force
and in effect, for conveening of the said Assemblels once in the
yeere by his Majestie's dlrectioun, so it is his Majestie's will, that
the day of conveening the nixt Assemblie sail be in Edinburgh,
the last Tuisday of Julie.
"Siclyke the Avhole bishops declared, that it was not their
intentioun to usurpe and exercise anie tyrannous or unlawfull
jurisdlctioun or power over the brethrein, nor to engyre themselves
anie wise unlawfullle in the kirk's governement, or anie part
therof, farther nor sould be committed to them by the presbytereis,
provinclall and Genei'all Assemblels. And if it sould happin to
fall out, that they, or anie of them, sould be found to doe in the
1606. OP THE KIRK OF SCOTLAND. 617
contrare, then and in that cace, they were content to subraitt
themselves to the censures of the kirk, as humblie as anie other of
their brethrein of the ministrie.
" In lyke maner it was declared, that his Majestic, according to
his accustomed longanimitie and patience toward suche as hap-
pinned to offend him of the ministrie, had delayed a verie long
tyme to give furth anie sentence against the brethrein now
banished, still hoping, that by their good behaviour, and humble
Bute for his Hienesse' pardoun and favour, his Majestic might have
occasioun to shew his clemencie toward them ; and albeit his
Majestic being justlie provocked, was moved to give furth his will
anent their banishment ; yet immediatlie being required in their
favours by the bishops, and others their brethrein present with
them, it pleased his Majestic to declare, that the want of his
favour proceeded upon their owne defaults, who had never humbled
themselves to seeke his pardoun, as became them.
"In respect wherof, it was thought meefce to direct the Bishop
of Aberdeene, Mr Patrik Schairpe, Mr Patrik Galloway, Mr Robert
Wilkie, Mr Johne Strauchane, Mr Johne Hall, Mr Johne Hay,
with the Moderator of the Assemblie, to write a letter to the said
brethrein, in the name of this Assemblie, giving them their advice
so to forme and send their humble sute to his Majestic for his
pardoun, as might give his Majestic greatest satisfactioun ; and
that the Assemblie earnestlie requeisted his Majestie's commis-
sioners, and other noblemen employed by his Majestic to this
Assemblie, so soone as their supplicatioun sould come from them
of the tenour foresaid, to concurre by their credit and intercessioun
with his Hienesse, to procure them to be made partakers of that
gratious favour, which his Majestic at no tyme heeretofore refused
to anie of that professioun, whom he found willing to acknowledge
and amend their oversight, and have recourse unto his clemencie ;
for the which declaratioun, the conference praised God, and thought
good that the brethrein sould be writtin to, as is before said, and
by the brethrein before named.
** Therafter, having considered the overture propouned unto them
618 calderwood's historie 1606.
in his Majestlc's name, and fiuding it, in show, to carle some
appearance of novatioun in the discipline of the kirk ; and fearing
that it might bring with it some inconvenient, therefore the con-
ference would not take on them to detennine their advices
theranent, till first the mater were exactlie reasouned in their
presence and sufficient remeed devised, for preventing of all incon-
veniences which might be feared to follow thereby. Wherupon
a good number of the most learned, godlie, and wisest of the
conference, being appointed to reasoun, and heard one after another,
and having exactlie at good lenth reasouned, and examined what-
soever inconvenient might follow upon the establishing of the said
overture : It was considered and found at last, by an universal!
voice and consent of the whole conference, but contradictioun, that
the said overture was both wise and godlie, and tending manie
wise to the weale of the kirk, providing that certan cautiouns were
observed, for preventing of suche evills as might happin to fall out,
incace the said moderator, or anie of them, sould ather arrogantlie
presume to usurpe anie farther power in the said presbytereis and
assembleis, than is comelie and lawfull for moderators in such
caces to doe, and presentlie use, and without innovating or altering
at their owne phantaseis, and at their owne hands, the custome
that discrelt moderators have, and ought to have used in that
place ; or otherwise be found remisse in propouning and presenting
of anie good purpose or overture, which sould be givin in by the
bretlirein, or anie of them, to the said presbytereis and assembleis,
and accordins: to the doubts which in reasonino' were found out
and feared, the cautiouns following were agi'eed upon : —
" 1. That it be provided, that the moderators of presbytereis
and provinciall assembleis to be nominated and chosin according
to his Majestie's overture, sail presume to doe nothing in the pres-
bytereis and provinciall assembleis Avhere they moderat, without
the speciall advice and consent of their brethrein.
"2. That the acts of the General! Assemblie, and caveats therln
prescribed anent bishops, be observed.
" 3. That they sail use no jurisdictioun or power, failher than
1606. OF THE KIRK OF SCOTLAND. 619
tlie moderators of presbytereis and provinciall assembleis have beene
in use of, by the constitutiouns of the kirk before.
"4. Incace it sail happin the moderators of presbytereis or
provinciall assembleis to be absent the tyme of their conventioun,
then it sail be in the power of the saids provincialls and presby-
tereis to nominat and choose out the wisest and gravest of their
brethrein present, to be moderators in their meetings, in absence of
the said moderator.
" 5. When the place of moderator in anie presbyterie sail happin
to vaike, the electioun of another to succeed in his rowme sail be
made by the whole provinciall assemblie, with consent of his
Majestie's commissioners, if anie happin to be there present for the
tyme.
" 6. And when anie of the saids moderators sail happin to
depart this life betuixt assembleis, it sail be lawfuU to the presby-
terie to nominat one of the gravest and worthiest of that number,
to continue in the moderatioun of the presbyterie, till the nixt
provinciall assemblie.
" 7. The njoderators of the presbytereis sail be subject to the
tryell and censures of the provincialls. And incace it sail happin,
that they be found to have beene remisse in the discharge of their
duteis, or to have presumed to usurpe over their brethrein anie
farther power nor is givin them by the Assemblie, it sail be unto
them a cans of deprivatioun from their office of moderatioun, and
they sail be deprived therof by the saids provincialls.
" 8. In like maner, the moderator of the provinciall assemblie sail
be tryed and censured by the Generall ; and if he be found there
to have beene remisse in his office of moderatioun, or to have
usurped anie farther power nor the simple place of a moderator,
he sail be deprived from his said office of moderatioun by the
Genei'all Assemblie.
" 9. That the moderator of cache presbyterie and provinciall
assemblie, with their scribes, being chosin, faithfull, wise, and
formall men being astricted to be present at ilk Generall Assemblie,
as members therof, and to have their register of the acts and pro-
620 calderwood's historie 1606.
ceedings of the presbyterels and provincialls there present with
them, that their fidelitie and diligence may be seene by the
Generall Assemblie, and the estat of the countrie thereby knowne.
" 10. That it sail be leasome to ilk presbyterie to send com-
missioners to the Generall Assemblie, by and attour their moderator
and scribe, two or three, according to the act of the Generall
Assemblie anent the commissioners from presbytereis to Generall
Assembleis, if they sail thinke it expedient.
"11. For it is heereby declared, that notwithstanding of anie
thing done at this tyme, the sessions, presbytereis, provincial! and
Generall Assembleis, are to be observed, keeped, and obeyed, Jis
they have beene heeretofore.
" 12. That the moderator of the Generall Assemblie be chosin
by vote of the said Assemblie, certane leits being first nominated,
and proponned freelie, as use has beene in tymes bypast.
" 13. That in everie provinciall assemblie, where there is no
bishop making residence actuallie and lawfullie, and having the
moderatioun of one of the presbytereis, the moderators of the
presbytereis within the said bounds being propouned in leit, the
meetest of them sail be chosin by the said Assemblie modera-
tor therof, his Majestie's commissioner's consent there present
being had thereto.
" And farther, the conference having examined the rolls of ilk
presbyterie, to see if anie was meeter to use the office of modera-
tioun, [than] these who before have beene nominated to have the
care of the delatioun of Papists and non-communicants, they found
in their judgement, that the same persons were of all others in
everie presbyterie meetest, als weill to moderat, as to have care of
delatioun foresaid : Reserving alwise unto the ministers of ilk pres-
byterie heere conveenned, their owne priviledge and power, to
nominat unto the Assemblie a meeter, if anie be in the presbyterie
for the moderatioun. And therefore the said conference finds it
expedient, that the persons foresaids accept in and upon them
presentlie, the said office of moderatioun within their presbytereis
respective, and that the said presbytereis embrace and allow of
1606. OF THE KIRK OF SCOTLAND. 621
them. And for this effect, that the saids moderators and presby-
tereis be requeisted therunto earnestlie by this Assemblie, and if
neid beis, likewise charged, that the Kirk of God be not long
frustrated of the confortable effects that the foresaid order is able
shortlie by the grace of God to produce.
" This overtm-e being propouned, and declared at lenth in pre-
sence of the full Assemblie, everie article and heed therof was,
with an uniforme consent and allowance, approved of aU without
contradictioun, except onlie so farre as concerned the moderators
in presbytereis, and their continuance in the office of moderatioun
beyond the accustomed tyme. Wheranent certane doubts being
propouned and satisfied, and the bishops having givin their decla-
ratioun out of their owne mouths, anent their intentiouns and pur-
poses to be subject to the acts and caveats of the Genei'all Assem-
blie, and to make residence within suche a space as sould be limited
to everie one of them by this present Assemblie : And if it sould
be found expedient for the weale of the kirk, that other meeter
and more worthie than they to possesse and occupie their places,
to dimitt their benefices at the pleasure of the Assemblie, his
Majestie's consent and approbatioun being had thereto, wherin
they promised (if need were) to be earnest suters at his Majestie's
hands ; lyke as some of them declared, that they had alreadie most
humblie craved the same of his Majestic, for the respect they had
to take away all offence from the brethrein : Providing alwise, if
ather upon his Majestie's advice and propositioun to the Assem-
blie, or upon their owne supplicatioun, the Generall Assemblie be
moved heerafter to grant them anie relaxatioun of anie of the
caveats which, upon good reasoun, might appeare to the said
Assemblie to be over strait, that this their promise sail make no
derogatioun to the libertie w-hich the Assemblie heerafter sail be
moved to grant them.
" It was voted, and by pluralitie of votes concluded, to witt, his
Majestie's commissioners, whole nobilitie, erles, and barons, to the
number of 33, together with 126 of the ministrie voting affirma-
tive, that the said overture anent the continuance of the mode^a-
622 calderwood's historie 1606.
tors, whill the present divisiouns of the kirk sould be removed, and
the whole brethrein brought to that unitie of mlnde and affectioim
which is agreeable to their calling, and may serve best to the
furtherance of the cans of God, and overthrow of all contrarie cans,
and the Papists ather fullie repressed, or brought to the obedience
of the Gospell, sould passe and be enacted as one of the conclu-
siouns of this Assemblie, the foresaids caveats being alwise keeped
by everie one of the saids moderators, and the controveenners
censured and punished, as is before expressed ; foure onlie of the
whole Assemblie by their votes disassenting therefra, and other
foure refusing to vote, for wanting commissioun from-their presby-
tereis, and two being non liqriet.
" Extract forth of the bookes of the acts of the Assemblie at
Linlithquo, and subscribed by the moderator and scribe therof.
" James Nicolsone, Moderator.
" Mr Henrie Philip, Scribe."
the names of the moderators of presbytereis.
Yetland. Tnnernesse.
Mr James Pitcarne. Mr James Bishop.
Orkney. Forresse.
The Bishop of Orkney ; in his Mr James Dundas.
absence, Thomas Swintoun,on Elgin.
the bishop's expences. The Bishop of Murrey.
Cathnesse. Dunbennan.
The Bishop of Cathnesse ; in his INIr Robert Hay ; and failing of
absence, Mr Samuel Bruce, on him, Mr George Chalmers,
the bishop's expences. Culen.
Taine. Mr George Douglas.
Mr Johne Rosse. Bamf.
Ardmannoth. Mr George Hay.
Mr Johne Monro, to be payed Deir.
by the Bishop of Rosse, whill Mr Abraham Sibbald.
he be resident himself.
1600.
OF THE KIRK OP SCOTLAND.
623
Ellone.
Mr Johne Reid.
Garioch.
Mr Robert Burnet.
AUFURD.
Mr Alexander Guthrie.
KlNCAIRDlN OnEILL.
Mr Johue Strauchane.
Aberdeene.
The Bishop of Aberdeene.
Mernes.
Mr Andrew Ramsay.
Brechin.
Mr Dowgall Campbell.
Aberbrothocke.
Mr Arthure Futhie.
DUNDIE.
Mr Johne Ramsay.
Meigle.
Mr James Nicolsone.
Perth.
Mr Alexander Lindsey.
Dunkelden.
Mr William Glasse.
COWPER.
Mr William Scot ; and till he rc-
turne, Mr Johne Caldcleughe.
St Andrewes.
The Bishop of St Andrewes;
and in his absence, Mr Ro-
bert Wilkie, to be payed by
the bishop.
Kirkaldie.
Mr Johne Mitchelsone.
Dumfermline.
Mr Johne FairfuU.
Auchterardure.
Mr Johne Davidsone.
Stirline.
Mr Patrik Simsone.
LiNLITHQUO.
Mr Robert Cornw^all.
Edinburgh.
Mr Johne Hall.
Dalkeith.
Mr George Ramsay.
Hadintoun.
Mr James Carmichaell.
DUMBAR.
Mr Edward Hepburne.
Chikneside.
Johne Clappertoun.
Dunce.
Mr David Hume.
Melrose.
Mr Johne Knox.
Kelso.
Mr James Knox.
Jedburgh.
Mr Johne Abernethie.
TWEDDAILL.
Mr James Logan.
Lanerk.
Mr William Birnie.
Hammiltoun.
Mr Robert Darroch.
Glasgow.
The Bishop of Glasgow; and
624 calderwood's historie 1606.
in his absence, Mr Patrik Kirkcudbright.
Schairp. The Bishop of Galloway ; and in
Paisley. his absence, Mr Robert Glen-
Mr Johne Hay. dinning.
DUMBARTAX. WiGTOUN.
Mr Johne Blekburne ; and whill Mr James Adamsone.
he make residence, Mr Wil- Argile.
liam Stewart. The Bishop of Argile.
Air. The Iles.
Ikir Johne Inglis. Mr Robert Stewart, in absence
Irwing. of the bishop, upon his ex-
Mr Alexander Scrimgeour. pences.
Dumfreis.
Mr Thomas Ramsay.
*' Extract furth of the foresaid booke.
{Sic suhscribitur) " James Nicolsone, Moderator.
" Mr Henrie Philip, Scribe."
the forgerie ^vnd mysteries of this act.
This act above writtin was not produced in mundo till halfe a
yeere after the holding of this meeting ; for it behoved first to be
sent up to court to be revised by the king. Sindrie clauses were
insert which were never mentiouned at the conventioun ; as for
exemple, "That bishops sould be moderators of the provinciall
assembleis." " That the moderators of the presbytereis sould be
constant members of the Generall Assemblie." Wheras bishops,
where they were moderators of presbytereis, promised to keepe the
cautiouns made at Montrose, and it Avas provided, that they sould
usurpe no farther jurlsdlctioun over the brethrein of the presby-
tereis where they were moderators, nor moderators wount to have ;
in this forged act were foisted in these words, " Tyrannous and
unlawful!," which words the Pope himself, notwithstanding of his
usurpatioun, will disclaime. For the meaning was, to usurpe no
ICOG. OF THE KIRK OF SCOTLAND. 025
jurisdictioun at all, farther than the jurlsdictloun of a simple moder-
ator. And as for the cautiouns, they insert this claus, as a backe-
doore to escape, " That if the Generall Assemblie can be moved to
grant them a relaxatioun of anie of the caveats which upon good
reasoun might appeare to the said Assemblie to be over strict, that
this their promise sail make no derogatioun to the libertie which
the Assemblie sail be moved to grant them ;" it being in the meane
tyme their intentioun to have suche Assembleis as sould grant
them anie thing the king would desire. The order is inverted, for
first it was ordeanned there sould be an agent in everie presbyterie
to compleane to the counsell upon Papists and non-communicants,
upon whose complaint the counsell sould direct letters of horning,
and all other processe that is appointed by law to be putt in exe-
cutioun against them ; and that he sail have yeerelie for his paines,
payed by the treasurer, an hundreth pund ; that the bishop, where
he is moderator of the presbyterie, sail doe this service upon his owne
charges ; this act signifieth, that they were appointed first to be
moderators before they were appointed to be agents against Papists.
They confounded two offices in one man's persoun, purposelie to
corrupt the moderators with a pensioun of an hundreth pund, which
in the Assemblie they did indirectlie, assigning this pensioun to the
agent, to beare his charges for attending upon the counsell, and
persuing of Papists. But in eflfect it was assigned to the modera-
tor, who was to be the agent, but without anie necessitie, yea, not
without great misorder and confusioun ; for the moderator could
not discharge the agent's part weill without neglecting the office of
a moderator, and so incurring the same defects they alledged were
in temporarie moderators, to witt, want of skill and experience,
ignorance of the processes led before the presbyterie, &c. The
agent's part might have beene easilie performed by a brother chosin
by the presbyterie, fitt for the bussinesse, and fullie instructed and
directed by the presbyterie.
In this act this meeting is called an Assemblie, which name was
not acknowledged on the one part, or avouched on the other, during
the tyme of the conventioun. Yea, when some refused to vote
VOL. VI. 2 R
62 G calderwood's historie 1606.
becaus it was not a Generall Assemblie, without anie other reply
they Avere requeisted to give their advice ; yea, sindrie had a pur-
pose to give in a protestatioun against that meeting as an Assem-
blie, but were allured to desist upon this pretence, that if they
sould see just reasoun they might. And indeid this ground of the
protestatioun that it was an Assemblie was concealed all the tyme ;
and yitt they tooke upon them to appoint, that there sould be con-
stant moderators in everie presbyterie, which is flatlie repugnant to
the acts of the Generall Assemblie made at the erectioun of the
presbytereis. Yea, they nominated the persons which belonged to
the presbytereis, who were best acquainted with the qualificatioun
of their owne members, and more able to judge than the Generall
Assemblie, or the brethrein writtin for and permitted or suffered
by the presbytereis to conveene. The persons who were nominated
for the most part, yea, almost all were there present, and made no
oppositioun ather to the nature of that meeting or anie other cor-
ruptioun, after they were nominated to be the moderators and
agents, and that an hundreth pund was assigned to everie one of
them ; yea, manie gott monie otherwise at the same tyme. Some
were corrupted with hope of preferment, others terrified. Sindrie
were there of verie meane gifts, writtin for to come whether they
had permissioun of the presbyterie or not ; as in the presbyterie of
Iladintoun, James Reid ; in the presbyterie of Dalkeith, Mr An-
drew Blakhall ; in Kelso, old James Betoun ; in Galloway, Mr
Johne Aikman and Mr Johne Dalyell ; in Fife, Mr Adam Mitchell
and Mr Robert Buchanan, &c. That they sould be charged by
letters of horning, if need were, to accept the office of moderatioun,
was not the meaning of all that voted at that conventioun, but onlie
intended by the king and his bishops secreitlie.
Under colour of this meeting, the bishops tooke occasioun to
desert their flockes, as if they had beene transported by a Generall
Assemblie, or ordeaned by a lawfull Generall Assemblie at anie
tyme before, to make residence at the cheefe kirk of their benefice,
or the old cathedrall seate of the bishoprick. And yitt, howbeit
they deserted their flockes on the one part, yitt made they not resi-
1606. OF THE KIRK OF SCOTLAND. G27
dence at these kirks on the other part, as they promised, for a long
tyme ; yea, some of them to this houre have not made residence
so muche as within the bounds of the diocie. Mr Johne Aber-
nethie, minister of Jedburgh, has not seene the diocie of Cathnesse,
wherof he is bishop, thrise since his consecratioun, that is, the space
of eight or nyne yeere ; and when he went, he stayed not, but lifted
up his rent and returned to Jedburgh, where he makes his resi-
dence, and serves still as minister. The Bishop of Galloway, Mr
Andrew Lamb, for the most part maketh his residence in Edin-
burgh and Leith ; the Bishop of Dumblane in the Cannogate, as
Mr William Cowper, Bishop of Galloway, did before ; the Bishop
of Rosse about Dundie ; Mr James Law, Bishop of Glasgow, when
he was Bishop of Orkney, in Edinburgh and the Cannogate.
A shew was made of doing some good, by dealing for the ban-
ished, confynned, and in speciall for Mr Robert Bruce, confynned
in Innernesse, diseased, and farre removed from physicians. But
it was but onlie a shew, for there followed no effect ; yea, in effect
they condemned the banished brethrein, whill as they willed them
to confesse an offence. But this and other like maters past without
anie great consideratioun or voting. It is to be observed, that the
ministers who were writtin for, few excepted, ather had no com-
missioun from their presbytereis, or onelie a permissioun to con-
veene, conforme to the intent of the king's letter ; or if a commis-
sioun, it was onelie conforme to the said intent ; which did not
specifie the holding of anie Assemblie, but rather did insinuat that
meeting to be a preparative to an Assemblie.
THE PRESBYTERIE OF EDINBURGH URGED TO ACCEPT THE
MODERATOR.
Immediatlie after the dissolving of the Assemblie, the collector,
Blantyre, clerk register, and Mr James Nicolsone, came to Edin-
burgh, and upon the presbyterie day, the 17th of December, urged
them to receave the moderator nominated in the conventioun holdin
at Linlithquo, viz., Mr Johne Hall. Mr Walter Balcalquall, then
028 calderwood's histoeie 1606.
moderator of the presbyterie, being dealt with before, made no
oppositioim, but rather desired the brethrein to accept Mr Johne.
Others craved a sight of the act. It was read over so suddanlie
by Mr Henrie Philip, clerk of the pretended Assemblie, that they
could not discerne distinctlie the points of it ; yitt they perceaved
there were sindrie corruptiouns which no wise pleased them. Some
affirmed there was more in the act than was concluded in Linlith-
quo. Mr Johne Murrey, minister at Leith, proved so evldentlie
that the said act was the overthrow of the libertie of the kirk, that
none could confute his reasouns. The foresaid lords and ministers
assured the presbyterie that the king's Majestic would be displeased,
and threatned to take away the presbytereis if this course were not
agreed unto, and that he would punishe the gainsayers. At last,
in all haste, without advisement, Mr Johne Hall, by pluralitie of"
votes, was admitted moderator. Yitt, considering their owne
rashnesse, they made an act the nixt day, that he sould onlie con-
tinue till the nixt Generall Assemblie, which was promised to be
holdin the last of Julie. The tenour of the act of the presbyterie
heere followeth : —
"17 Decembris 1606.
" The which day, anent the propositioun made to the presbyterie
by my Lord Blantyre, the clerk of register, and the collector, his
Majestie's commissioners to the said presbyterie, declaring that
there was order tane in the late conventioun at Linllthquo in De-
cember instant, for suppressing of Papistrie ; and therefore desired
that Mr Johne Hall, as a man thought meetest to prosecute that
purpose, sould be chosin moderator of the said presbyterie till the
nixt Generall Assemblie onlie, that is to be holdin at Edinburgh
the last Tuisday of Julie nixt, 1607. After reasouning among the
brethrein, they finding that the granting of the said sute after the
maner following sould no wise prejudge the libertie of presbytereis
in choosing their moderators according to the established order
of their kirk, nor import that the said Mr Johne sould be a con-
stant mcderator ad vilam : and to the end they sould not seeme to
1606. OP THE KIRK OP SCOTLAND. 629
•
hinder so good a purpose, agreeth, that Mr Johne be moderator for
the space foresaid onelie, in maner, and according to the conditiouns
following, and suche others as the said presbyterie sail thiuke meete
to prescribe unto him at his entrie to the said office of moderator-
ship : That is to say, that he faithfullie promise and bind himself
to the presbyterie foresaid, that in all things he sail be subject
thereto as one of the rest of the brethrein thereof; and that he
sail not presume to doe anie thing in anie mater, caus, or questioun
whatsomever, that sail come before them, without the advice, con-
sent, and full approbatioun of the brethrein of the said presbyterie.
And incace the said Generall Assemblie hold not at the said tyme,
then that the said office of moderatorship sail expire, and another
sail be chosin to accept the said office, according to the established
discipline of the Kirk of Scotland."
OTHER PRESBYTEREIS URGED.
The nixt Wedinsday, Dalkeith presbyterie was urged to accept
their moderator. They craved a sight of the act to be advised
with. But it could not be had, nather for them nor for anie other
presbyterie, till it was produced at a synod of Fife almost eight
moneths after the death of Mr James Nicolsone, moderator of the
conventioun at Linlithquo. Yitt in place of the act were letters of
horning, directed from the counsell, and the presbytereis charged
to accept the moderators nominated in Linlithquo.
THE ACT ADULTERATED AT COURT.
About the end of December, the Abbot of Halyrudhous, and Mr
James Law, Bishop of Orkney, -were sent to the king with the
proceedings of Linlithquo conventioun sett doun in writt. The
king was not content that the bishops were not freed from the
presbytereis, and sett over the provinciall synods. The abbot
layed all the blame upon the bishops, who, de novo, had voluntarilie
submitted themselves to the presbytereis. Mr Law was sharpelie
630 calderwood's iiistorie 1607.
rebooked by the king. There was no other remedie, but it behoved
the act to be corrected, altered, augmented, and sent backe again
to be givin out in forme. This was supposed to be the occasioun
of Mr James Nicolson's death, who, in his wisdome, thinking to
please both king and kirk, had thankes of neither.
CHRISTMASSE KEEPED BY DUMBAR AND THE CHiVNCELLER.
The Erie of Dumbar and the chancellor keeped Christmasse in
Edinburgh with great solemnitie, and Mr David Lindsey, Bishop
of Eosse, in Leith. The godlie perceaved what was to be looked
for afterward by the bishops enstalled, when they found suche cor-
ruptiouns breake out in the tyme that they were onlie aspyring.
M.DC.VII.
A CONFERENCE BETWEEN BISHOP LAW AND SOME OF THE EIGHT
MINISTERS.
Upon the first of Januar, Mr James Law, Bishop of Orkney,
visiting Mr James Balfour and Mr James Melvill where they lay
at Londoun, beganne to relate what strait order was taikin with
the Papists at the conventioun of Linlithquo. Mr James Balfour
answered, " In nomine Domini incipit omne malum. Order talking
with Papists is pretended, but the dint wiU light upon us and others
who stand for the discipline." " Yee sail call me a false knave,
never to be beleeved again," said the bishop, " if the Papists be
not so handled as they were never in Scotland." "That may
Weill be," said Mr James Balfour. In conferring with Mr James
Melvill, he tooke a terrible attestatioun that he knew nothing of
anie purpose the king had to alter the discipline of the Kirk of
Scotland, but onlie to vindlcat it from contempt and povertie ; and
therefore they were muche to be blamed who suspect his Majestie's
proceedings and their brethrein's. "Nay," said the other, "the
1G07. OF THE KIRK OF SCOTLAND. 631
king, both by word and by writt, has uttered his minde plainlie,
but yee deale deceitfullie, deceaving your selves and others ; but
God in tyme will make all manifest."
A CHARGE TO ACCEPT THE CONSTANT MODERATORS.
In the meane tyme, the presbytereis are still urged with letters
of horning to accept their constant moderators. The tenour of
the charge heere followeth : —
" James, by the grace of God, &c. — Forasmuche as at the Gene-
rall Assemblie of the kirk keeped at our burgh of Linlithquo in the
moneth of December last, and assisted by a verie frequent number
of the nobilitie, counsell, and barons of this kingdom, it was thought
verie meete and expedient, and in end concluded and agreed, with
uniforme consent of the Assemblie, that for the weale of the kirk, and
staying of the grouth and number of Papists in this our kingdom,
there sould be a constant moderator for a certane space nominated
in everie presbyterie, who sould have the charge to informe the
lords of our Secreit Counsell of all Papists and recusants in their
bounds, and to sute the executioun of our lawes against them, as
in that act made therupon at lenth is conteaned : Which being
seene and considered by us, we have not onelie allowed and ap-
proved the same, and interpouned our authoritie thereto, but have
recommended to our counsell that they have a speciall care and
regarde to see the same receave due obedience and executioun ;
lyke as * * * was nominated and appointed moder-
ator of the presbyterie of * * * And albeit it was
hoped that this godlie and necessar conclusioun, importing so high-
lie the weale of the kirk, sould have beene with all thankefulnesse
receaved and embraced by the presbytereis of this our kingdom :
Neverthelesse, the ministers of the presbytereis of * * *
for what cans we know not, refuse, at least delay, to receave their
said moderator, and conforme themselves to the ordinance and
conclusioun foresaid, the continuance wherof will altogether make
the same ineffectuall, without remeed be provided.
632 calderwood's historie 1607.
" Our will is heerefore, and we charge you straitlie and com-
mand, that incontinent these our letters scene, yee passe, and in
our name and authoritie, command and charge * *
********
all ministers of the presbyterie of * * and their clerk
of the said presbyterie, to conforme themselves to the ordinance
and conclusioun of the said Assemblie, and to receave their said
moderator, and to acknowledge him in all things due to the privi-
ledge of that office, without excuse or delay, within twentie-foure
houres nixt after they be charged by you thereto, under the paine
of rebellioun, and putting of them to our home. And if they
failyie therin, the said space being bypast, that you incontinent
therafter denounce the disobeyers our rebells, and putt them to our
home and escheate, and imbring all their moveable goods to our
use, for their contemptioun ; and siclyke, that yee in our name and
authoritie command and charge the moderator of the presbyterie
of * * * to accept the said charge upon him,
within the said space of twentie-foure houres nixt after he be
charged by you thereto, under the paine of rebellioun, and putting
of him to our home. And if he failyie therin, the said space being
bypast, that yee incontinent therafter denounce the disobeyer our
rebell, and putt him to our home and escheat, and imbring all his
moveable goods to our use, for his contemptioun. The which to
doe, we committ to you, conjunctlie and severallie, our full power
by these our letters, delivering them by you duelie executed and
indorsed again to the bearer.
" Givin under our signet at Edinburgh, the 17th day of Januar,
and of our raigne the 44th yeere, 1607.
" Per actum Secreti Consilij. James Primerose."
The corruptioun of the constant moderators was now better
perceaved to be prejudicial! to the liberteis of the kirk ; and,
therefore, some of these who were nominated to be moderators
refused to accept upon them the office, namelie, Mr Patrik Sim-
sone, minister at Stirline, and at that tyme, Mr David Hume,
1C07. OF TUE KIRK OF SCOTLAND. 633
minister at Girnley, howbeit now, with consent of the presbyterie,
he has taikin it upon him.
MR J. CARMICIIAELL LICENCED TO RETURNE.
About the end of Februar, Mr Johne Carmichaell obteaned
licence to returne home, upon a narratioun made, that his wife
was in danger of death, and the provisioun of his childrein like to
be lost. But his licence was granted upon conditiouns to keepe
himself quiett, unpreaching, or going to synod or presbyterie, and
to returne at the 15th day of Marche. But he being diseased,
sent backe testimonialls, bearing testificatioun that he was diseased,
and so he stayed. Mr William Scot, taikin with a great languor
to returne home, imployed some freinds at court, who putt him in
hope of obteaning licence. Mr James Balfour was vexed with
the gutt, and troubled with deafenesse.
INVECTIVES AGAINST THE UNIOUN.
Upon the 12th of Februar, Sir Christopher Pigot inveyghed
vyllie against the Scotish natioun in the parliament hous of Eng-
land, and was nather interrupted nor answered by anie man. He
was committed for the fashioun to the Towre, but soone after sett
at libertie. Mr Fullam, at the same tyme, declamed mightilie in
the parliament hous against the Unioun, but in forme of law, with-
out invectioun. Upon the occasioun of Christopher Bigot's Invec-
tioun, the counsell of Scotland directed a letter to the king, weill
penned, wherin they desired him to leave off the suting of the
Unioun, and vouch safe to make residence some yeeres in Scotland ;
and so England would be faine to seeke that which they despised
presentlie.
THE MINISTERS CHARGED AGAIN TO GOE TO THE BISHOPS' HOUSES.
Upon Tuisday, the thrid of Marche, the brethrein deteanned at
634 calderwood's historie 1607.
Londoun were charged of new again, but in a new maner, to goe
to the bishops' houses. As for exemple, one called William
Sanders came to Mr James Melvill's chamber, and shewed him,
that he was directed by Sir Antonie Ashley, one of the clerks of
the counsell, to deliver him the copie of a letter of the counsell's,
directed to the Bishop of Durhame, and to desire the said Mr
James, in the king's name, to goe with him to the said bishop.
Mr James asked, if he would deliver his letter to Sir Antonie ?
He said he would ; so Mr James wrote to Sir Antonie Ashley this
letter following : —
MR J. melvill's letter TO MR ASHLEY.
" My duetie premitted, please your worship understand, that one
"William Sanders came to me this morning, directed, as he does
affirme, from your worship, with a letter of the most honourable
counsell of England to the Bishop of Durhame, requiring him to
receave me in his hous, and give me good and kinde interteane-
ment. He added farther, that he had directioun to charge me in
the king's name to goe with him to the said bishop ; wherof, when
I had asked his warrant, he said he had none, but onlie a directioun
from your worship. Wherefore, I have taikin the boldnesse to
write these few lynes to your worship, whereby I would humblie
crave of your courtesie, to understand what this mater sould
meane ; being verie strange to me, sent for by a loving letter of
his Majestic, to come from my owne countrie, and calling, attend-
ing these six moneths by past his Majestie's pleasure, to my great
charges, never accused of anie misbehaviour or cry me, to be
charged to become a domestick to a bishop in England, knowne to
be of a contrarie opinioun and affectioun in the governementof the
church, and discipline therof ; which I doe take to be an harder
punishment than imprisouning or banishment. And as concerning
the non-satisfactioun of his Majestic in sindrie points which his
Hienesse expected, and reclaming of us from suche opiniouns
which we are alledged to hold, repugnant to the good governement
1607. OF THE KIRK Or SCOTLAND. 635
of the church, in the narratioun of the counsell's letter, these can
be no suche imputatiouns, as deserve punishment or committing.
For who can satisfie farther than they are able by their judge-
ment and conscience ? And what opinioun hold we of church
governement, other than which has beene established in our
Church of Scotland these manie yeeres bypast, and that by warrant
of the "Word of God, his Majestie's lawes, the Confessioun of Faith
professed, subscribed, and sworne by the king's Majestic, and
whole estats of the kingdom of Scotland ?
" May it please your worship, therefore, to informe me of the
order of this proceeding, that I may understand the nature therof,
for willing obedience, or patient suffering in all things due. And
as I am most willing to rander obedience in all humilitie to his
Majestic and most honourable counsell, with all humble thankeful-
nesse for their care and courtesie, so am I most unwilling to
precipitat the cans of our church, or my owne poore persoun and
honestie, in unnecessar, and uncoacted hurt, suffering danger or
disgrace. Et si quid morte gravius imperetur^ mortem oppetere potius
ducimus. So, most humblie and most earnestlie requiring your
worship's answere of courtesie, I commend you to God.
" Your Worship's as all duetie requireth,
" Ja. Melvill.
" Blackefriers, 3 Marche 1607."
He returned his answere as foUoweth : —
MR ASHLEYE's answere.
" Mr Melvill. — Where by your letter, yee requeist of me to
receave suche order and directioun, as has beene prescribed by the
lords of his Majestie's Privie Counsell, concerning your present
going to the Bishop of Durharae, I pray understand, that I know
of none other than is conteaned in their Lordships' letter directed
unto the bishop, wherof I sent you a true copie under my hand,
for your better satisfactioun ; wherunto, in my opinioun, yee sail
636 calderwood's historie 1607.
doe Weill to conforme your self, as is required, the rather, for that
you see there is nothing meant thereby toward you but kinde
and loving interteanement, fitt for a gentle man of your sort.
No doubt, his Majestic will take speciall note of your willing obedi-
ence in this behalfe ; as, on the other side, he may be moved
to the contrarie, incace of your obstinacie, which I would wish
you to avoide by all meanes possible, You can wiselie conceave
more than is fitt for me to write in a mater of this nature. Cor
regis in manu Domini. And even so I commend you to God's
mercifull and safe-keeping protectioun.
" Your loving freind,
" An. Ashley.
" From the Court at Whitehall, the 3d of Marche 1607."
THE COUNSELL's LETTER TO THE BISHOP OF DURHAME.
" After our verie heartilie commendatiouns to your Lordship. —
Whereas six or seven of the ministers of Scotland having beene
speciallie sent for by his Majestic, upon some suche occasions as
doe grcatlie tend to the quiett estate of the church, have not givin
his Hienessc satisfactioun in sindrie points which he expected, and
in regarde therof, arc not as yitt to returne home again to their
countrie ; for als muche as his Majestic, in his most princelie care
for the sattling of the church effaires in that kingdom, is verie
desirous to have the said parteis reclamed from suche opiniouns
which they hold repugnant to the good governement of the church ;
and none arc fitter or that purpose nor his grave and learned
bishops, als wcill by themselves, as also by the assistance of other
learned men about and neere them, whom they know fitt to be
imployed in suche a worke : We, by his Majestic's directioun, doe
require your Lordship to receave into your hous Mr James Mel-
vill, one of the said ministers, and to give him good and kinde
interteanement, for himself and his servant, whill he sail remaine
with you ; letting you further to know, that it is not his Majestic's
minde to send him unto you as a prisoner, to be in anie suche sort
1007. OF THE KIRK OF SCOTLAND. 637
keeped and restrained ; although we doubt not, but that your
Lordship in your wisdom, and Mr Melvill in his discretioun, will
so interprete his Majestie's pleasure, as that neither of you will
perniitt anie accesse of discontented or schismaticall persouns ;
which miffht not onelie hinder that good successe which his Ma-
jestie doeth hope to find thereby, but likewise tend to some
farther inconvenience, to be prevented by your Lordship. And
80 we bid your Lordship verie heartilie fareweill."
Signed by the
L. Arch. Cant. L. Admirall. E. Northamptoun.
L. Chanceller. L. Chamberlane. E. Salisburie.
L. Treasurer. E. Shrewsburie. L. Stennop.
D. Lennox. E. Worcester. M. Secret. Herberd.
" Direct to the Lord Bishop of Durhame.
*' Concordat cum originali, A. AsHLEY.
" From the Court at Whitehall, the 28th of Februar 1607."
THE EIGHT MINISTERS USE MEANES FOR THEIR LICENCE TO
EETURNE.
Upon Wedinsday the 4th of Marche, Mr James Melvill, accom-
panied with Mr William Scot, went to the Bishop of Durhame,
with the officer attending on him, to testifie the dispositioun of his
heart, alwayes bent to rander obedience to his Majestic in all
things due, but with all, to requeist his Lordship to joyne with
him in supplicatioun and dealing with his Majestic, and honourable
counsell, to have licence to goe home, and attend on his familie,
and manie thowsand soules committed to his charge ; for their
societie would be unpleasant, where their opiniouns and affectiouns
were so farre different. The bishop's answere to them was con-
fused.
638 calderwood's histokie 1G07.
THE SCOTISH MINISTERS' SUPPLICATIOUN GIVIN IN TO THE
COUNSEL OF ENGLAND, MARTII 8, 1607.
" Right honourable, and our most singular good Lords.
" My Lords, — Please your Honours, of your common equitie
toward all, and speciall courtesie used to strangers, to heare us,
ministers of the Evangell of Jesus Christ in the Church of Scot-
land, undersubscribing : That whereas we were brought from our
countrie and calling, by speciall missive letters directed from the
king's most excellent Majestic, and delivered^ to everie one of us in
particular, whereby his Hienesse willed and commanded us (all
excuses sett apart) to repaire to his Hienesse before the 15th of
September last bypast, for the weale of the Kirk of Scotland : ,And
notwithstanding that diverse of us were of good age, subject to
sores and diseases, and all of us had just excuse, yitt understand-
ing by his Majestie's speciall counscller in these maters, that it
was his Hienesse' pleasure, for a great benefite unto our church,
we sould in anie cace repaire unto his Majestic, and see his face ;
by the mercifull hand of God with us, we were enabled, and pre-
sented our selves before his Majestic the day appointed, at Hamp-
toun Court, where, with all humilitie, after the weakenesse of our
judgement and conscience, answering to suche things as it pleased
his Majestic to propone unto us, we were from that gratiouslie
dismissed, to attend his Majestie's further pleasure at Londoun,
where with diverse fitts of sickenesse and diseases of bodie, but
muche more with great heavinesse, greefe, and vexatioun of minde,
byreasoun of the charge of moe than twentie thowsand soules lying
upon our ministrie, besides our numerous poore famileis, wherof, if
we sould not have a care, we sould be judged by the apostle worse
than infidels, we have, with suche patience as we could, wrestled
with the longsome winter ; and now, when, after manie supplica-
tiouns directed with all care, reverence, and humilitie, to his most
gi'atious and clement Majestic, we looked for a confortable dimis-
sioun, and sending home to our countrie, callings, and famileis,
1607. OF THE KIRK OF SCOTLAND. 639
we find that there are certane Englishmen, calling themselves
purscvants, or officers of the chamber, directed, as they say, by
the clerk of the Secreit Counsell, to charge us, in the king's name,
to goe with them to certane bishops of the Church of England, and
shcAving us a copie of your Honours' letters, for requeist to the
said bishops to receave us in their houses.
" The which charge, both in forme and substance, we thinke
verie strange, being free Scotish men, and pastors of the right
reformed, and long renowned church of that realme ; and against
the which, as we have just cans, so necessitie compelleth us to
except and protest, knowing certanlie, that nather his Majestie's
high honour that loveth judgement, and who in maner foresaid
gratiouslie called us hither, nor yitt your Honours' commoun
equitie, the rights and piviledges of natiouns, substance and forme
of justice, (wherof your Honours are most observant,) can or will
approve the same ; lyke as the care which we carie to the caus
of Christ and his church, and the poore honestie which we susteane
in our callings and persons, make us to take it as a punishment in-
flicted upon us, harder than ather imprisounment at home, or banish-
ment in forraine parts. The which, we are assured, the high honour
of our gratious and most excellent king, that loveth right, and your
Honours, ministers of justice, would never have imposed upon us
indicia causa. If we have perpetrated anie thing against his
Majestie, the estat, or lawes of the realme, justice would we sould
be orderlie try ed, judged, and punished. But if our cariage and
conversatioun has beene as yitt unaccused, muche lesse condemned,
why sould we lose our liber tie, dishonour and obscure the estima-
tioun of our church, and blott our owne poore honestie, making our-
selves of maisters bond men ; daylie approvers of that, to the ap-
pearance of men, which our church condemneth, and burthenable
loyterers, feeding idle belleis at the tables of strangers, having honest
callings, houses, and provisioun, whereby to live as pastors of con-
gregatiouns, and fathers of famileis at home ?
" As tuiching these imputatiouns, that we have not givin satis-
factioun to his Majestie, as his Hienesse expected, and that we
640 calderwood's historie 1607.
hold opiniouns repugnant to the good governement of the church,
■we have truelie endeavoured, both by word and by writt, als farre
as "we coukl ; and sould we satisfie farther than our judgement and
consciences doe aiford ? And if it please your Lordships, we would
most gladelie understand, which are these opiniouns we doe hold,
repugnant to the good governement of the Church of Scotland ;
to the end, that if there be anie suche, wherof we know none, at
his Majestie's command, by admonitioun of our owne church, we
may abandoun the same, and not trouble the lord bishops of Eng-
land. We have farther too great caus to bewaile the heavie
sickenesse of some of us, the languishing mindes of us all, to say
nothing of the great charges we are at, with greefe to remember
the impairing of our estat at home, having attended his Majestie's
pleasure these seven moneths.
" But commending all to the wise consideratioun of your Honours'
universallie renowned discretioun, integritie, equltie, courteous and
mercifull dealing, we will no longer deteane your Honours ; but
in the great ocean of our sorrow and greefe, desirous to be fred of
the danger of the imminent tempest, upon the esperance of safetle in
seeking that haven of your Honours' compassioun, where so manie
have beene saved from shipwracke, namelie, becaus it has pleased
his Majestic to give directloun to your Honours, anent our mater,
nowise, as we are pers waded, to prejudge the freedom and libertle
of our natloun. In the name of the Almlghtie God, and for the
caus of our Lord Jesus Christ, whom all your Honours doe love
and feare, and whose messingers and ministers we are, we doe
intreate and beseeche your Honours, in all duetlfuU and submissive
maner, that by your mediatioun and intercessioun with his most
gratious and clement Majestic, some releefe of these our present
raisereis may be obteaned, and we dismissed and sent home, to
the confort of our flockes and famlleis, there to pray to God
incessantlle for his most excellent Majestic, his queene, and royall
progenie, for you, the Lords of his most Honourable Counsell, and
for the raainteanance of his Hienesse' kingdom and dominiouns in
peace and unltle, in Jesus Christ, to whose grace and mercifull
1607. OF THE KIRK OF SCOTLAND. G41
protectioun we commend your Honours. Hoping to lieare what
good respect it sail please your Honours to have to our poore
supplicatioun, we rest
" Your Honours' humble supplicants,
" Ja. Melvill. Adam Colt. William Watsone.
'' Robert Wallace. James Balfour. William Scot."
A conference betweene the archbishop of canterburie,
]MR J. melvill, and MR W. SCOT.
This supplicatioun was by the counsell, out of the Erie of Salis-
burie's hand, delivered to the Archbishop of Canterburie, to make
answere to the same. The archbishop sent for two of their number.
So Mr James Melvill and Mr William Scot went to Lumley, upon
INIoonday, the nynth of Marche. The archbishop caus ushe the
chamber. He and they being alone, he layed aside his corner cappe,
and with great reverence shewed unto them, that the king's Majestic,
letting the counsell understand that it was his pleasure they sould
not be licenced as yitt to goe home to Scotland, and willing them
to be weill interteaned in the meane tyme, had required the
counsell to direct them to some of the principall of the cleargie, as
most fitt to interteane men of their calling. Therefore, the coun-
sell had directed letters to some of the bishops, to recommend them
to them ; and that the messingers sent were not pursuivants to
charge them, but servants to the king and counsell, appointed to
convoy them to suche places where they were to be interteaned.
And if that ather these servants, which, after the commoun sort,
niisht be rude and indiscreit, had used them otherwise than
become, or if they feared that the bishops would not lovinglie
receave them, and use them kindelie and courteouslie, lett him
know it, and he sould provide remedie. They answered, they
could requite no wise his Majestic and the counsell's care and
courtesie toward them, but by their poore prayers ; yitt seing no
injurie was worse nor compelling courtesie, if it were his Majestie's
VOL. VI. 2 s
642 calderavood's historie 1G07.
pleasure they sould stay longer, but wished it were his pleasure
also to suffer them to continue, and attend his Majestie's leasure
upon their owne costs and charges, as they had done some moneths
ah-eadie, and not to trouble suche men, to whom nather could they
be pleasant ghuests, nor the other pleasant oasts to them. They
were men that had honest houses and tables of their owne, accord-
ing to the fashioun of their countrie, and conditioun of their
callings, who were accustomed to give more meate than to take
of anie, and diverse of them aged and diseased, whom it Avere not
fltt to ty to the dyet of others ; nor that men of suche honour and
worship sould be troubled with ; for it is evident, that where
opiniouns differ, there affectiouns cannot goe sound. " Truelie,''
sayes Archbishop Bancroft, " you speeke truthe, and like honest
men, as yee are ; and I doe thinke, my brethrein, the bishops
would have little pleasure of you, exce^Jt to pleasure the king's
Majestic ; for our custome is, after our serious maters, to refreshe
ourselves an houre or two with cardes, or other games, after meales ;
but you are more precise. But it were good, the king sould be
satisfied in his royall endeavoure to unite us together in one
church and policie." "We doe thinke the same," say they, " so
that the grounds of unioun, which is the truthe of God's Word,
and fundamentall lawes of equitie and policie, be keeped ; but
where a kingdome and church are builded solidelie, and of
long standing, in these it is dangerous to seeke alteratioun; and
there is no unioun can be made to stand sure without that, for the
ground being shaikin, will make of one twentie peeces." " I
know your meaning, Mr Melvill," sayeth the archbishop, " by your
letter sent to Mr Ashley, which I have in my pocket. We will
not reasoun the mater now ; but I am sure we both hold and
keepe the grounds of true religioun, and are brethrein in Christ,
and so sould behave ourselves toward other. We differ onlie in
the form of governement of the church, and some ceremoneis ;
but as I understand since yee came from Scotland, your church is
brought to be almost one with ours in that also ; for I am certified,
that there are constant moderators ajopointed in your Generall
1607. OF THE KIRK OF SCOTLAND. 643
Assembleis, synods, and presbyterels, even as I am highest under
the king in this church, and yitt, nothing above the rest of my
brethrein the bishops, save in pains and travell, so that I was in
better estat when I was but Richard Bancroft, even as a standing
Moderator of the Generall Assemblie, as Mr Patrik Galloway, or
suche other, may be in Scotland ; and in everie province and
diocie there is a bishop, a moderator of his chapter or presbyterie,
answerable to the king," &c. Mr William Scot, upon these
speeches, beganne a wise and solide discourse, laying suche grounds
as might beare up a great and sure worke, and making men-
tioun of duetie to Christ and good conscience. The archbishop
smyling, and chopping on his arme, said, " Tush, man ! take heere
a cuppe of good seek : " and so, filling the cuppe, and holding the
naipkin himself, he made them to drinke. It being now late, and
neere six a clocke, after manic good words, and faire offers of all
he could doe for them at the king's hand to obteane their libertie,
he dismissed them. They were no more urged after that to goe
to bishops' houses.
MR A. MELVILL LEAVING THE DEANE OF PAUL'S HOUS.
Upon the nynth, a messinger of his Majestie's chamber came to
the Deane of Paul's hous, to Mr Andrew Melvill, who, after utter-
ing of his commissioun, wrote and subscribed to him the charge
following : —
" Mr Melvill, — I am commanded by the lords of his Majestie's
most Honourable Privie Counsell to come to you, and to goe with
you to my Lord Bishop of Wenchester, by their commandement,
becaus it is his Majestie's pleasure that there yee sould remaine for
a tyme, till his pleasure be farther knowne. And so, rest yourself
contented to goe with me, being one of the messingers of his
Majestie's chamber, by name
" William Watertoun."
Mr Andrew thought this a warrant good eneugh for him to
644 calderwood's historie 1607.
leave the Deane of Paul's hous. But he was not troubled with his
messinger after that, and so forgott to goe to his bishop, but
keeped companie with his brethrein all Marche and Aprile.
PRESBYTEREIS CHARGED TO ACCEPT THE MODERATOR.
In this moneth of Marche, manie presbytereis were charged,
under the paine of horning, to admitt their moderators. Some
obeyed willinglie, others yeelded for feare. Some refused, and
tooke instruments, that if the person appointed would enter to
that office, it was violent dealing, and without their consents ;
as the j)resbyterie of Perth. Others utterlie refused, and were
putt to the home. But they could not find how to registrat
them, becaus there was no equitie in their charge. Others ad-
mitted, but bound their moderator by oath and subscriptioun to
dimitt his office whensoever they pleased ; as the presbyterie of
Dumfermline. Yitt they delayed the executioun of the act till
they might have the approbatioun of the synod. The presbyterie
of Perth was straitlie urged by the comptroller. Lord Skoone, the
Lairds of Balvaird and Balmanno, to admitt Mr Alexander Lindsey,
now Bishop of Dunkeld, to be their moderator. They refused, till
they sould see the act. They jDromised to use diligence to obteane
the sight of it ; but nather could it be had of the moderator, nor
clerk of that meeting at Linlithquo. And albeit Mr James Nicol-
sone, moderator of that meeting, came to Perth that day when
they were most straitted, yitt nather would he promise to extract
the act to them, nor yitt would he tell them the contents ; wher-
upon they were forced (after Mr Alexander being charged with
letters of horning, tooke on him the office) to take instruments of
his unlawfull forme of entrie. The man who had taikin in hand to
charge, them with letters drownned himself, or was drownned,
Avithin few dayes after.
The synod of Lothiane holding in Edinburgh in the beginning
of Marche, commissioners from the king urged, that the presby-
tereis had not admitted as yitt their moderators. Their answere
[is] to be scene in the extract following : —
1607. OF TDE KIRK OF SCOTLAND. G45
"4iJ/«r/y 1607, Sess. 5.
" The which day compeered Walter Lord Blantyre, Sir Thomas
Ilammiltouu of INIonkland, knight, and Mr Johne Prestoun of
Pennycooke, collector generall, and Senators of the Colledge of
Justice, commissioners from the king's Majestie's Secreit Counsell
to this present synod, desiring in his Majestie's name of the breth-
rein, that so manie presby tereis as had not admitted the moderator,
according to the act of the late meeting at Linlithquo, in December
last bypast, 1606, soiild doe it. It was answered, that Edinbm'gh,
Dumbar, and Linlithquo, had satisfied the king's Majestie's com-
missioners, who were severallie directed to them to that effect ;
but Peebles, Hadintoun, and Dalkeith, had not done it, in respect
they had not gottin an inspectioun of the act made at Linlithquo
foresaid, which they desired to see, upon the sight wherof they
are to give a reasonable answere.
" Extract furth of the bookes of the synod of Lothian and
Tweddaill by Mr Charles Lumisden, which I testifie by my sub-
scrip tioun. Mr Charles Lumisden."
About the end of Marche and beginning of Aprile the pest brake
up again in Edinburgh, Dundie, and sindrie other parts of the
countrie.
Upon the first Tuisday of Aprile, the provinciall assemblie of
Perth conveenned at Perth. Mr William Cowper, ordinarie minis-
ter in the toun, taught in the morning, and that profitablie. The
moderator of the last synod, Mr WiUiam Row, was to teache at
ten houres. Whill he was at his studie, ]\Ir Alexander Balnaves,
reader, was sent to him from the commoun clerk of the toun, to
wairne him, that the Laird of Balvaird had come to him, (the
clerk,) and desired him to advertise Mr William, that the comp-
troller, Sir David Murrey, had a commissioun from his Majestic,
that incace he spake anie thing in his doctrine that tuiched the
kino-'s maters, or disallowed anie acts of preceeding Assembleis,
speciallie of that Assemblie at Linlithquo, to take him out of the
646 calderavood's historie 1607.
pulpit. After that, the comptroller himself dealt with some of the
counsell of the toun and the clerk to travell with him in that mater,
and to present the said commissioun to him before he entered to
his doctrine ; and desired them to assist him. The bailliffes and
others with them repljed, that his father Avas a minister amongst
them, whose memorie was yitt recent, and that he himself was
gratious amongst the people. If he attempted anie suche thing, it
could not faile to breed insurrectioun or some other inconvenient.
Pie assured them he would proceed, and therefore desired them to
present to him the commissioun before he went to pulpit. They
did so. At the ringing of the bell, when he was comraing from
his chamber to the kirk through Mr Johne Malcolme's yaird, there
mett him some of the counsell and magistrats, with the commoun
clerk, and told him that they Avere commanded by their proveist
to present to him the king's commissioun. He receaved it with
rcA^erence, read it, and answered, that he Avas throughlie resolved
Avhat to speeke, and would give just occasioun of offence to no
man : he sould be readie to answere to all the points of his doc-
trine Avhensoever he sould be lawfullie accused. He taught upon
the seventh of Amos, from the 4th to the 14th verse, upon the
Bishop of Bethel. Sir David Murrey would sindrie tymes have
rissin to putt hands in him in the verie tyme of the sermoun, but
Avas stayed by the counsell of Balvaird and Balmanno.
The day being somwhat spent, they Avent to dinner, and con-
veenned again at tAvo houres. Sir David sent the beddell of the
kirk, and desired the ministers to stay on him till he might be at
leasure ; but they, according to the order and custome, proceeded
to the electioun of the moderator. Sir David being informed,
came with speed to them, after they had gathered the votes of tAvo
presbytereis, Perth and Stirline, and challenged them becaus they
stayed not till he produced his commissioun. It Avas answered,
that with his owne advice it was thought meete to conveene again
in all possible haste : Avhen they Avere conveenned, they could not
be ydle ; they Avere doing nothing but that Avhich could not be left
undone, that is, choosing a moderator. " If yec have not a com-
1607. OF THE KIRK OF SCOTLAND. G47
missloiin, your presence is not necessar to the learned men hcere,
who are to treate upon the Aveightie efFaires of the kirk." He
answered, '' I am not come heere without commissioun." It was
answered, " My lord, if yee have a commissioun from his Majestic,
or yitt from the counsel], produce the same, and it sail be handled
in the first rowme, onelie we sail choose a new moderator ; for
(said the old moderator) I have no further place but to moderat
whill a new moderator be chosin : it is his part to receave com-
missiouns, and to treate of all the efFaires of this present Assemblie."
The comptroller and his conjunct commissioners, Balvaird and
Balmanno, answered, that their commissioun tuiched the electioun
of the moderator particularlie, and therefore must be considered
before anie other be chosin. Mr William Row requeisted earnestlie
to be disburthenned according to the order. The votes of the
Assemblie being asked, it was thought meete that the commissioun
sould be first read ; for the comptroller threatned to discharge the
Assemblie incace they would not read his commissiouns. There
was first presented a commissioun from his Majestic to the comp-
troller, Lord Skoone, Balvaird, and Balmanno, to see that all things
be done in order at that Assemblie ; and if anie thing sail be con-
cluded contrare to the acts made at Linlithquo, to stay the same ;
and that one of the constant moderators appointed in the presby-
tereis sail be chosin moderator at the synodall assemblie, or elhs to
oppone thereto. It was asked if they had anie further commis-
sioun ? They presented another commissioun from the counsell to
the same effect ; another to the Lord of Skoone, and the Reverend
Father the Abbot of Halyrudhous ; another to the Lord Skoone,
and the Reverend Father in God, James Nicolsone. The moder-
ator said, " My lord, who is this Reverend Father in God, James
Nicolsone ?" He answered, " It is Mr James Nicolsone, minister
at Meigle." " It can not be possible, my lord," said the moderator,
" that that wittie man will take upon him that office against his
promise, and the doctrine which he has taught in former tymes :
that were the high way to bring him to slaunder, and to deboshe
648 caldeuwood's historie 1G07.
him." Pie answered, " Truelie the king beleeves he has ah'cadie
accepted it ; but I know he will never accept it."
The coramissiouns being read, the mater was reasouned. The
synod craved a sight of the act, but it could not be had. Sindrie
of their number who were at the conventioun of Linlithquo testi-
fied they heard no suche thing mentiouned, muche lesse enacted ;
onelie Mr Alexander Lindsey said, it was once cast in uj^on the
end of another mater, he knew not how. One asked him. If con-
fusedlie ? " Yes," quoth he, which gave occasioun of laughter that
suche confusioun sould trouble them. After long reasoning, it was
concluded to propone the questioun, whether or not the synod sail
choose one of the foure moderators of the presbytereis nominated
at Linlithquo, or another, according to the custome and acts of the
kirk ? All except Mr Alexander Lindsey voted to the choosing of
a moderator according to the custome. The comptroller Skoone
resisted a long tyme, and threatned they sould hold no Assemblie
unlesse they choosed one of the foure constant moderators ; oftin
repeating these words, " Yee sail not make Lawrestoun of me."
It was answered, that none of them could be chosin, for Mr Johne
Davidsone was departed this life, Mr Patrik SImsone was deadlie
diseased, Mr William Glasse had never accepted the office, Mr
Alexander Lindsey had entered by violence, as the protestatioun
of the brethrein of the presbyterie beareth. They desired the
commissioner to give them some ground or reasoun agreeable to
God's Word or lawes of the kirk. They said they had a com-
missioun which they would use. The Assemblie commanded Mr
William Row, moderator, call the catalogue, and proceed with
their owne leits. At last, the comptroller and his conjunct com-
missioners desired the Assemblie to stay till the morne, and advise.
The moderator requeisted for the same and procured it, for the
which he was blamed by sindrie of the brethrein. He requeisted
the commissioners to be more moderat, and to weygh narrowlic
what inconveniences might fall out if their Assemblie be stayed,
seing sindrie persons were summouned to compcere before them,
and they had manie weightie maters in hand.
1G07. OF THE KIRK OF SCOTLAND. 640
TUE SYNOD OF PERTH URGED TO RECEAVE THEIR MODERATOR.
They conveenned the day following at the houre appointed.
The moderator of the Assemblie desired the commissioners to use
clemencie, and not to stay the Assemblie from choosing their mode-
rator freelie, according to the laudable custome of the kirk, acts of
the Assembleis, and acts of parliament still standing in force, and
peaceable possessioun hitherto not interrupted. It was likewise
alledged, that noble men authorized with the like commissioun
were content, in respect of the like reasouns, that the Assemblie
sould choose their owne moderator, according to the commoun
order ; as for exemple, the synod of Lothiane. But no reasoun or
exemple could prevaile with them. Skoone threatned, brawled,
commanded them to ceasse, and at his pleasure commanded men
silence, and called some learned and grave men " Swingers." *
The moderator perceaving these who Avere thus abused to be
greeved, said, " My lord, yee doe not injurie onelie to this Assemblie,
but also to God, who hath called us, and speciallie to his Majestic,
who hath sent you and your fellowes to see order keeped heere, as
your commissioun beareth. His Majestic never tooke upon him,
being present himself, howbeit learned, to command anie learned
men silence in a free Assemblie, as yee have done ; which arguetli
in you a grosse ignorance of your duetie." He besought him,
therefore, in the name of Jesus Christ, their Head, and of that
honourable Assemblie, to abuse them no more, but to speeke with
reverence and reasoun, and not to transgresse so manifestlie the
bounds of his commissioun. He desired all his commissiouns to
be read over again, and more narrowlie weyghed ; which was done
at great lenth. The commissioners were desired to reasoun, and
if their reasouns were relevant, the synod offered to give place.
But the commissioners used authoritie in stead of reasoun ; onelie
Balmanno said, it was a mater indifferent. The Assemblie, there-
* Sluggards, lubbers.
650 calderwood's histoeie 1607.
fore, used these reasouns following : 1. It is exprcsse against the
acts of most famous Generall Assembleis, against the acts of par-
liament confirming and approving the whole disciplnie of the kirk,
wherof this is a speciall and principall point, that everie presby-
terie and synod sail choose their moderators twise everie yeere,
ad evitandam trjrannidem : his Majestic, and persons of all estats,
had sworne and subscribed the said discipline, in all the points
therof; seing the ministers sould goe before others by their
exemple, they could not now be without great hurt and perrell to
their consciences, to violat the Lord's most holie covenant ; nor
without a perpetuall note of infamie, inconstancie, and infidelitie,
alter and ranverse the same by their deid, it being done so lawfullie
and solemnelie by their superiours. As for the act of Linlithquo,
it might be, it conteaned suche reasouns as might move them to
change their judgement. They desired a sight of the act : the
commissioners answered, they had it not to produce. It was
replyed, they were hardlie handled, iu that they were commanded
to obey an act Avhich they had never seene nor knowne ; nather
could they take upon them to allow of that meeting at Linlithquo,
(men conveening there wanting commissioun,) untill the lawful-
nesse or unlawfulnesse therof were decerned in a fi'ce Generall
Assemblie. Seing, therefore, they could nather find reasouns
sufficient proving the lawfulnesse of an Assemblie in that meeting,
and were ignorant of their acts, which were hitherto concealed,
they requeisted the commissioners not to preasse them so hardlie.
The commissioners said, they sould not be ignorant of the acts of
the kirk. It was replyed, that Mr William Cowper, moderator of
the presbyterie of Perth, wrote to Mr James Nicolsone for the ex-
tract of the act ; he receaved his answere in Avritt, without the
extract of the act. Farthei', when the presbyterie of Perth was
urged by themselves, as commissioners, to receave their constant
moderator, Mr James Nicolsone being present, was desired in their
presence to repeate the act by word, or to give it in writt ; but he
refused to give ather his Avord or writt, for warrant of it. More-
over, the moderator, at command of the Assemblie, attested in
1607. OF THR KICK OF SCOTLAND. 651
most serious and grave maner before God, the ministers of the
foure presbytereis, who were at that meeting holdin at Linlithquo,
to relate tlic truthe of that mater. They all in one voice, being
twelve or fourteene, depouned upon their consciences, that no
suche thing was propouned, ather in the privie conference, or in
the publict meeting, lett be concluded ; onlie Mr Archibald Mun-
crelf affirmed the contrare, Mr Alexander Lindsey and Mr George
Grahame were obscure in their answeres. Instruments were taikin
heerupon, and insert in the bookes to that effect. The moderator
besought the commissioners, in the name of God, to informe his
Majestic and counsell aright.
After that, the moderator being commanded by the Assemblie
to proceed, and gather the votes for the choice of a new moderator,
and these who were in the leits being removed, he tooke the cata-
logue in his hand, and beganne where he left the night before, at
Mr Alexander Hume, who voted to Mr Henrie Livingstoun. The
comptroller raged, and beganne to rise out of his chaire, and
take the catalogue out of the moderator's hand perforce ; but he
held it in his left hand, the comptroller sitting on his right hand.
He held the comptroller with his right hand in his chaire, whill he
called all the names. Mr Henrie Livingstoun was chosin modera-
tor. The brethrein on the leits were called on, and Mr Henrie
commanded to enter in his place. The comptroller threatned
whatsoever man durst be so bold as to come there ; and went out
of his owne seate to stay Mr Henrie, whom he saw comming
fordward. But Mr Henrie tooke him to the midds of the table,
among his brethrein ; for the chaire, or the head of the table, was
a thing indifferent. Mr Henrie standing at the midds of the boord,
said, " Brethrein, lett us beginne at God, and be humbled in the
name of Jesus Christ." The comptroller in a great rage, chopping
on his breast, said, with a loude voice, " The devill a Jesus is
heere ! " Mr Henrie went fordward in prayer. The comptroller
raised the end of the boord with the greene cloath, and thro wed it
over upon the moderator, and the rest that were upon the south
side, all humbled at this tyme upon their knees, and never stirred,
652 calderwood's histokie 1607.
notwithstanding of all this violence. Therefore the comptroller,
like a mad man, caused some of the guarde to remove the boord,
and cryed for the baillitfes. They continued in their prayer, and
besought the Lord to be avenged upon the repr cache and blas-
phemie of his great name, and contempt of his glorie, so stamped
under foote by profane men. Never man stirred off his foote till
the prayer was ended. The comptroller never discovered his head
all the tyme. At last, he removed and walked in the kirk beside,
with the rest of the commissioners, and advised upon some instru-
ments, which were read before the Assemblie when he came in
again. The Assemblie, on the other side, tooke instruments of the
violence and injurie done to them. When the prayer Avas ended,
the bailliffes came. He commanded them to ring the commoun
bell, and to remove these rebells. The bailliffes said, they could not,
without advice of the counsell. They pretended they would goe
and conveene them, but returned not again. The Assemblie pro-
ceeded according to order, and removed the presbyterie of Perth,
to be tryed. Skoone locked the doores, and closed them out, but
they gott entreis to a loft, signified their presence, and so proceeded
to the tryell till nyne of the clocke. The rest were removed to a
corner of the kirk, and tryed or referred to another occasioun.
"When they returned at ten houres to proceed, they found the kirk
doores closed, and the keyes taikin away. Some of the toun
counsellers affirmed they knew nothing therof, [and] were sent
to crave the keyes ; but they were denyed to them. The bailliffes
understanding that Skoone had no warrant to doe what he had
done, offered to make patent doores : the citicens also were in
great rage ; but the ministers stayed all kinde of violence. There
was great concourse of people accompaneing them with teares.
After consultatioun, they conveenned at the South kirk doore,
whither with diligence were brought boords, furmes, and stooles,
the people weeping, and cursing the instruments of that disturb-
ance.
After their sitting doun, and the prayer ended, the moderator,
Mr Henrie Livingstoun, said, " This is the fruict of the meeting
1607. OF THE KIRK OF SCOTLAND. 653
at Linlithquo : lett us see what presbytereis have admitted mode-
rators of their choosing." None were found to have admitted anie
except the presbyterie of Perth. They related how they were
urged, and were wilHng to be censured or commanded. It was
concluded, that everie presbyterie, the first day of their meeting,
according to their commoun order, sould choose their moderators.
JNIr Alexander Lindsey, who heard the whole mater reasouued in
opin Assemblie, and objected nothing in the contrare, made a
fashioun of offer to reasoun when the tyme and place was imper-
tinent, but to no purpose. Nixt, seing it was said, that the brethrein
deteanned in England hold opiniouns against the governement of
the Kirk of Scotland, it was thought good to declare their judge-
ment to be uniforme. They agreed, that a confortable letter sould
be writtin to the said brethrein, with an humble supplicatioun to
the king's Majestic for them. Thridlie, least the Assemblie sould
be tempted with privie letters, they made choice of three commis-
sioners out of everie presbyterie, to be sent to the nixt Generall
Assemblie, which was appointed at Linlithquo, to be holdin in
Julie. Fourthlie, becaus the comptroller had threatned to charge
them before the counsell, they appointed foure of their number to
attend upon the nixt counsell day, and to compleane on him, for
his disturbance, violence, and blasphemie. By reasoun of the tyme
and place, and concourse of the people, they remitted all other
effaires to a fitter occasioun ; tooke instruments in the hands of
famous notars of all that they had done, and so dissolved. No
redresse was gottin at the counsell, yea, the old moderator, Mr
AVilliam Row, was putt to the home, for disobeying the king's
commissioners. He was sought for to be apprehended and im-
prisouned, so that he was forced, with manie foule step, to lurke
heere and there among his freinds.
ST GEORGE S DAY KEEPED SOLEMNELIE.
Upon tlie 23d of Aprile, wliich was St George's day, there was
great solemnitie at court, with muche superstitioun and vanitie.
654 CALDER wood's historie 1607.
The rej)ort Avherof coming to the eares of Mr Andrew Melvill, his
spirit was kindled within him, as Avas the apostle Paul's, when he
saw the idolatrie of the Athenians ; whereupon he made this epi-
gramme following : —
*' Andreas Christi divinus apostolus, est qui
Nunc Scotos ritus signat apostolicos.
Armeniis (ut fama) Georgius Heresiarcha,
Nunc Anglos ritus signat apostolicos.
Signa Andreas ergo nobis sint, nulla Georgi,
Undique apostolicis, nullibi apostaticis."
MR A. MELVILL COMMITTED TO THE TOWRE.
Upon the Lord's day, the 26th of Aprile, earelie in the morning,
one of the Erie of Salisburei's attendants came to Mr Andrew
Melvill, lying at Bow, in Mr Somenar s hous, and verie courteouslie
intreated him in his maister's name, to come to his maister's
chamber at Whitehall, at nyne of the clocke, where my lord would
conferre with him ; and willed him to make no stay, for my lord
Avould attend his .comming. Mr Andrew tooke this message to
come of freindship, and thought, that after conference, he would
bid him to dinner. So he made himself readie, and posted on
horsebacke to court. His nephew, Mr James, said unto him,
" Beware : this yee take to be a bidding to dinner, but not a call-
ing to compeere before the counsell." His nephew, Mr James,
Mr William Scot, and Mr Robert Wallace, followed on foote, and
talking the first convenient occasioun of a boate, Avent by water to
Westminster. A little after ellevin a clocke, Mr Andrew came to
James Acheson's hous, where they were, and told them hoAV he had
walked in the galrie beside the erle's chamber since nyne a clocke,
and when he saw that they had gone all to dinner, he came his
way to dyne with them. He told them Avhat meditatioun he had
upon the secund psalme, joyning thereto a prayer, when he was
walking in the galrie ; wherewith they were muche moved. Sitting
1607. OF THE KIRK OF SCOTLAND. 655
doun to dinner, he rehearsed his verse he made upon St George,
and inveyghed vchementhe against the corruptiouns of tlie Kirk of
England. Mr James putt him in minde of Ovlde's verses :—
" Si saperem, doctas odissem jure sorores,
Numina cultori perniciosa suo."
Mr Andrew answered in the verses f jllowing : —
" Sed nunc tanta meo comes est infama morbo,
Saxa demens refero rursus ad icta pedem."
" Weill," said Mr James, " eate your dinner, and be of good
courage, for I warrant yee sail be again called before the counsell
for your verses." " Weill," said he, " my heart is full and swelleth.
I would be glade to have occasioun again to disburthein and utter
my minde freelie, for the great dishonouring of Christ, to the
vt'racke of so manie soules through their dealing ; bearing doun the
sinceritie and freedom of the Gospell, stopping the wholesome
breath of God's mouth, and mainteaning Popish corruptioun and
superstitioun." " I warrant you," said Mr James, " they know
yee will speeke your minde freelie, and, therefore, have concluded
to make your libertie a pretext to deteane you from returning to
Scotland." " If God," said he, " hath anie more to doe with me,
he will bring me hither again ; if not, lett me glorifie him where
ever I be. As I have oft said to you, cousin, God hath some part
to play with us upon this theater."
They had not halfe dynned, when a messinger came from my
Lord of Salisburie. He desired the messinger to requeist my lord,
to suffer him to take a little of his owne dinner, seing he waited
so long upon my lord's dinner, that he could waite no longer.
This messinger was no sooner gone, but another cometh. After
him cometh Mr Alexander Hay, the Scotish secretarie, to tell
that the counsell was long since sett. Mr Andrew riseth with
motioun, prayeth, and goeth with Mr Alexander. The rest were
G5Q calderwood's histohie 1607.
expresselie discharged to enter within the palace. About three of
the clocke, Mr James, his sonne, Andrew, whom he had appointed
to attend upon him at the counsell doore, returned toward his
father, and reported with teares, that Mr Andrew was caried by
water to the Towre. Mr James and liis sonne followed, but
could gett no sight of him, nor accesse to him. And so Mr James,
wdth great heavinesse of heart, in a darke night, returned on foote
from the Towre to his loodging at Bow, where meeting with Mr
Balfour, Mr Scot, and Mr Wallace, they had a sorrowfull supper,
speciallie becaus they knew not the cans, nather yitt could know
after a long tyme, but by reports. Onelie the word went in all
men's mouthes, that he had crabbed the king, and canvast all
the counsell. But Melvmiana tuba, Avhich he made at that tyme,
letteth us know what he said, which heere followeth : —
Melviniana tuba casus Cassandra canebat.
" Qui dubitat, prope scit, vetus est sententia : qujero
Quod dubitem : quod qua3 nescio scire velim.
Inquiro, inclamo qua possum has voce per umbras,
O terra ! O coelum ! O sidera ! et O maria !
Cur stant clausi Anglis libri duo regia in ara ?
Lumina c»ca duo, poUubra sicca duo ?
Cur juxta £era tenant cantu, et circum aula remugit?
Vox reboat rauco congeminata chore ?
Cur proni ante aram libant aurum oscula reges ?
Rex medica et tractans ubera foeda manu ?
An sensum, cultumque Dei tenet Anglia clausum,
Lumine cseca suo, sorde sepulta sua ?
Bombo oppleta aures obsurduit, ut catadupa
Ad Nili obstreperas, accola surdus aquas
Manciput idolo reges, quos nequat Olympo ?
Immensumve Dei robur adhamat humo ?
Cum vigilum sit rara, et copia tanta luporum,
Fidorum obturant an vigilum ora lupi ?
Cur puros Chrisli male puro agnomine servos
Imperiosa premunt nomina pontificum ?
1(507. OF THE KIRK OF SCOTLAND. fifj?
Qui regem et sponsam Chrlsti canis oblatravit,
In thalamo primus cur paranymphus quiet ?
Priraatisve Papae exuperet fastidia fastus ?
Philtrane Romanas hjec illecebrosa lupte ?
Exuviasne ? meretricis spolia amjila superbae
Sponsae an Christi apt* virginis induviae ?
O quas et quanta meretricis pellacia diras I
Blandior illecebris, tetrior insidiis.
Quas saepe expertus, quas solo numine versaa
Ni pura anticipes raente, animoque pio
Expi'omptaque manu depulsa peste luporum
Et vigilum invicta mox revocata acie,
Quanta tibi, regnoque tuo, natisque ruina
(Rex) Deus avertat Tartarea instat ope,"
MR A. MELVILL KEEPED STRAIT.
The day following, Mr James Melvill receaved a letter from
him, subscribed as with his owne hand, and marked with the hand
of the Lieutenant of the Towre, whereby he desired Mr James to
send him in haste the furniture of a chamber, bed, boords, and
stooles, his clothes and trunkes, with his bookes ; which he did
with diligence. Mr James had a sight of him everie day out at a
window, and some lynes, by the secreit moyen of his keeper. But
the lieutenant would not grant him aqcesse to Mr Andrew, for he
alledged the charge was verie strait. Mr Andrew sent to him the
verses following out of the Towre, which he sent to my Lord of
Kinlosse : —
" Ad regem, ex occaslone orationis ad ordines regni, de Unlone
regnorum, ab eo habite, pridie Kalendas Aprilis, 1G07.
*' Macte leoni, uni tres unus junge leones,
Sen rosa juncta rosae est uno ab utroque abano.
Si gemmas junxisse rosas, res magna, leones
Maxima res uni jungere tergeminos."
VOL. VI. 2 T
658 CALDER wood's HISTOKIE 1G07.
THE MINISTERS OF FIFE HINDERED TO HOLD SYNOD.
In the end of Aprile, the synod of Fife sould have conveenned at
Dysert. But the Bishop of St Andrewes, Mr George Gladestains,
and some others, conveenned with the comptroller in Falkland,
soone after the synod of Perth. They fearing the like oppositioun
in the synod of Fife that was made in the synod holdin at Perth,
procured letters from the counsell to be proclamed in everie toun
where the presby tereis wount to be keeped, to stoppe their meeting.
The letters were executed on Saturday, immediatlie before the last
Tuisday of Aprile, the day appointed for the synod. Some of the
ministers came not. These who came were debarred from all
meeting within the toun, upon a strait charge givin to the baillifFes ;
wherupon they were forced to take them to the sands betuixt
Dysert and Ravelisheuche, the raine powring upon them. They
spent two houres in reasoning, and advising whether they sould
hold the assemblie. It was concluded by pluralitie of votes, that
they sould ; but suche as disassented, protested, that if they so
did, they would leave them. They confessed the lawfulnesse, but
said, it was not expedient. The rest considering the number would
not be sufficient, incace so manie left them, and that sindrie good
brethrein condescended to a prorogatioun, upon conditioun that
they conveene at the day appointed, the first Tuisday of Junie,
notwithstanding of anie proclamatioun or danger that might ensue
therupon, consented also to a prorogatioun. It was agreed in the
meane tyme, that certane of their number sould present a complaint
to the counsell, and declare their malcontentment at the proclama-
tioun ; and to intimat plainlie unto them, that incace suche kinde
of dealing were used, to dispossesse the kirk of their liberteis which
they injoyed by the Word of God, and lawes of the realme, the
counsell would draw them in the snare of disobedience, notwith-
standing of horning, warding, &c. The counsell would give no
answerc, but injoynned the clerk to shew them, that their meaning
was not to stoppe the holding of that synod, but onlie to prorogue
1607. OF THE KIRK OP SCOTLAND. 659
it for a tjme, which they intended not to doe again, for anie thing
knowne to them.
THE PRESBYTERIE OF PERTH ACCEPTETH THEIR MODERATOR.
About this tyme, the presbyterie of Perth, fearing to be putt to
the home, under colour of putting some brethrein upon the leits,
choosed Mr Alexander Lindsey moderator. Mr William Cowper,
moderator before, was not fordward to doe his part.
WARRANTS FOR CONFYNNING THE MINISTERS SENT FOR TO COURT.
Upon the sixt of May, the brethrein sent for to court receaved
a letter from Mr Alexander Hay, the tenor wherof followes : —
"Sirs, — I am directed to make intimatioun of these warrants unto
you. I am forced my self to make personal! attendance. I have
directed the bearer to show you the principalis, which he must
returne, and leave the copeis with you. I am so directed. I
would wish the giving unto you of more contentment than these
warrants affoord, were it in my power, and without troubling you.
" I rest, yours ever to his power,
" 6th May 1607." Alexander Hay.
THE COPIE OF MR JAMES MELVILL'S CHARGE.
" James R.
*' It is our pleasure and will, and we heerby command Mr James
Melvill, minister, that upon intimatioun of these presents unto
him, and within eight dayes therafter, he depart out of the citie
of Londoun, and liberteis of the same, and repaire with all con-
venient speed to our burgh of Newcastell upon Tyne, within our
countrie of Northumberland ; and there to make his stay and
abode, and no way to depart furth therof, and two myles about the
same, under the paine of rebellioun, and putting of him to the
home : Certifeing him heerby, that if he doe transcend the limited
660 calderwood's historie 1G07.
bounds, that letters of horning sail be dh'ected to denounce him our
rebell, and to escheat and imbrhig, &c.
{Sic suhscrihitur) " Makr. Dumbar, Secretar.
" Givin at our Court of Whitehall, the first of May 1607."
Mr James Balfour receaved the like charfje to goe home to
Scotland, and to stay in Cockburnspeth, Mr Robert Wallace to
stay in Lawder, Mr William Watsone and Mr Adam Colt in
their ownc parishes. Mr William Scot was permitted to goe
home to his owne parish in Cowper of Fife, providing he returned a
testimoniall of his good behaviour from the Bishop of St Andrewes ;
otherwise, he was commanded to returne backe to Londoun before
the fyfteene day of Julie. The rest talking journey to Scotland,
jSIr William Scot and Mr James Melvill stayed a space after, for
Mr Andrewe's confort. YItt could they obteane nothing, but that
his servant was suffered to enter in closse prissoun with him. Mr
James insisted, with all the credit and moyen he had, to have
licence to stay at Londoun for his sake ; but at last, he was coun-
selled by his best freinds to desist, and with diligence to give
obedience to his charge, least he and Mr Andrew both incurre
worse. So, providing for his necessiteis the best he could, he
addressed himself to come home. The day before that he and Mr
William embarked, Mr Snap and Mr Bamfort, preachers, and Mr
Crosby, apothecarie, brought a great bag of money to them, col-
lected by good Christians, for defraying of their charges, and care-
ing of them home, as also, for supporting Mr Andrew in prisoun.
But they refused, partlie to eshew offence, becaus the commoun
brute went, that Scotleh men came to beg, and purse up their
money ; partlie for conscience sake, least they sould intercept that
which sould be bestowed upon their owne troubled preachers.
They were convoyed with a good number of loving brethrein to
the Toy. re stalrcs, where they tooke boat the secund of Junie, and
devailcd toward a shipp, and came to Xewcastell the tenth of
.Tunic. Mr "N^ illlam Scot left Mr James with manie tcares, and
c:.n:;e home.
1607. OF THE KIRIC OF SCOTLAND. 60 1
THE GENERALL ASSEMBLIE PROROGUED TILL NOVEMBER.
The Generall Asserablie was indicted at Linlithquo, to be holdiii
at Halyrudhous the last Tuisday of Julie ; but maters not succeed-
ing as the king and his bishops expected, the Assemblie was pro-
rogued by publict proclaraatioun, the tenour wherof followeth : —
" James, by the grace of God, King of Great Britaine, France,
&c. — Foi'asmuche as the increasse of the adversareis of the truthe,
and conti'arie professors, has proceeded of nothing so muche as of
the dissensioun among the ministrie of our kingdom of Scotland,
some of them by naturall inclinatioun being enemeis of quietnesse,
and turbulent spirits, making choice rather to drinke in muddie
water, than to taste in the cleere fountaine ; being emboldenned
by reasoun of the societie of a great manie others, who being guiltie
of themselves of their owne unworthinesse and small gifts, and in
that respect, out of all hope of preferment, and therupon invyous
and uncharitable toward their brethrein of the best qualitie, and
all of them runne and concurre together like a headstrong fuctiouu,
to uphold and mainteane an anarchy, and thereby to induce dis-
order and confusiouu in that church, to the great hinderance of the
progresse of the Gospell, and dishonour and scandall of the pro-
fessors therof: Wherupon we, of our privie care and fatherlie
affectioun to the peace of the kirk, desiring rather in them to
extinguish the fire of divisioun, than to suffer it to grow to anie
confusioun, and being ever willing to bring them to an uniformitie
of mindes and afFectiouns, did therupon appoint a most grave,
frequent, and free Assemblie to be keeped at Linlithquo, in
December last bypast, of a great number of the most godlie,
zealous, and weill affected of the nobilitie, counsell, and suche
barons from all the parts of that our kingdom, as also, the most
learned, experimented, wise, godlie, and discveit of the ministrio
from all the presbytereis, in great number ; by Avhose travell:;,
care, and wisdom, everie occasioun and pretext of greet'e was m
662 CALDEEWOOD'S HISTOEIE 1607.
suche nioderatloun and godlinesse removed, that as the same did
yeeld us contentment, so was everie thing done in that Assemblie
with a great and generall applause of all, giving great hopes that
from that [time] furth, there sould nothing be found but unitie and
concord in the kirk, and that all their meetings therafter sould be
full of peace and love : and therupon, by our speciall warrant and
allowance it was speciallie appointed, that the nixt Generall
Assemblie sould be conveenned and holdin at Halyrudhous, the
last Tuisday of Julie nixtocum.
'■'■ But wc now perceaving, that by the meanes of these evill
disposed, turbulent, and contentious spirits, all the proceedings in
that Assemblie are brought in questioun and traduced, and by some
no obedience givin, and by others, directlie oppositioun made to
the acts concluded at that tyme ; and therewith, among the
brethrein, suche distractioun of mindes and bitter exasperatioun
one against another: And howsoever the meeting of the brethrein,
if it were in love, and peace, and unitie, no doubt would doe good
in that kirk, so there is no questioun, but their conveenning, with
a preoccupyed minde fraughted with invy and malice, would give
the enemeis advantage to enter by that breache of their discord
and divisioun, to make themselves strong, and to weaken them :
Therefore, we, to preveene the danger that is imminent to the estat
of the kirk, by the distractioun of men's afFectiouns therin, and
that the Generall Assemblie may be keeped with the greater tran-
quillitie and peace, have thought meete and expedient, the whole
provinciall assembleis within that ourkingdome sail be keeped and
holdin at their ordinarie places of meeting, the fourth of August
nixtocum ; and that in everie one of the said assembleis there be
cliosin two of the most godlie, peaceable, wise, grave, of the best
experience of their number, with power and commissioun to con-
veene at Halyrudhous, the 27th of August nixtocum, with the
remanent commissionei^s of the provinces, and with the commis-
sioners of the Generall Assemblie, and suche of our counsell as it
sail please us to nominat for that effect ; there to confer, reasoun,
and conclude by commoun advice, uj^on the most convenient
1607. OF THE KIRK OF SCOTLAND. 663
remedeis against these evills, which, for laike of sufficient prepara-
tioun, might fall out at the said Generall Assemblle ; that therafter,
the same being holdin and keeped in suche a peaceable and quiett
maner, as might bring true confort to the godlie, and terrour to
the wicked. And in the raeane tyme, we have thought expedient,
that the Generall Assemblie which was to hold, be prorogued to
the 24th of November nixtocum ; and that no persoun presume to
keepe the said Assemblie in anie place whatsomever untill the
tyme, that the commissioners from the synods first proceed in their
meeting ; and we have appointed the place of keeping the said
Generall Assemblie to be in Dundie, the day foresaid.
" Our will is heerefore, and we charge you straitlie and command,
that incontinent these our letters scene, yee passe, and in our name
and authoritie, make publicatioun and intimatioun heerof by opin
proclamatioun, &c. Certifeing all suche as upon anie pretext
whatsoever sail presume to conveene and assemble themselves
contrare the tenour and intent of this our proclamatioun, they sail
be punished and proceeded against as contemners and disobeyers
of this our most royall commandement.
" Givin under our signet, at our Court of Greenewiche, the
24th of May, and of our raigne the fourtie-five yeeres."
This charge was proclamed at the Croce of Edinburgh upon
Moonday, the penult of Junie. They putt fooles in hope of a
Generall Assemblie, at the conventioun of Linlithquo, to be holdin
in Julie nixtocum. But the wise and judicious beleeved them not
more in that than in other things promised at that tyme ; nay, it
was their intentioun, that there sould be no Generall Assemblie
at all, till they had sufficient tyme to prepare men for their pur-
pose ; and that nothing be handled in the same but what pleased
the king and his bishops. Howbeit, it was now prorogued till the
24th of November nixtocum, yitt no suche thing was meant in good
earnest, as tyme did prove.
664 calderwood's historie 1607.
THE SYNOD OF FIFE CONVEENED AT DYSERT.
Upon the secund Tiiisday of Junle, the synod of Fife conveenned
at Djsert, where were present the commissioners for the king.
The proceedings may be gathered out of this letter following,
writtin by Mr Johne Dykes to Mr James Melvill : —
" Right reverend and deere Father, — Among manie greefes at
this tyme, it is one to me, that I visite you not at the first, &c.
The proceedings of the visitatioun of the Universitie of St An-
drewes, and the colledge of thcologie, they are deere of the wrytt-
ing; for all resolves in that, that the rowme of Mr Andrew Melvill,
proveist of the New Colledge, is found vacant, and that onlie by
vertue of the ordinance of the English counsell, and not by anie
thing that can be found at home, to make anie processe against
him, howbeit the maisters spaired not to purge themselves of all
amisses In oeconomie, that the burthein of all might ly on him. As
for this yeere's stipend, it is promised now, albeit more by favour
of some of the counsell than of the ministers, who, as I wrote in
my last letter, kythed little duetie of freindshlp that way, (the
Lord forgive them I) and therefore are they v.eill payed home
again, for their stipends are clipped a great deale, and speciallie
Mr Patrik's, 400 pund taikin from him and the colledge, and
assigned to the kirks therof. Mr Robert Howie is ordeanned to
be charged with letters of homing, to accept of Mr Andrewe's
place, and a new meeting appointed for that effect, to the thrid of
August nixt. Mr David Auchinmowtie is constituted CEconomus.
The onelie duetie discharged by the universitie in that meeting_, was
upon the parts of the students of theologie, who gave in a suppli-
catioun for restoring of their maister unto them. But it wrought
nothing. The president and Mr James Nicolsone are all rulers of
that mater, and ISIr George, bishop, foolishlie fordward. What
the mysterie of maters be, and wherunto all will turne, we can not
tell. It is supposed that ^Ir Johne Johnstoun Avill hardlie yeeld
the superiour place to Howie ; and it is thought that the bishop
1607. OF THE KIRK OF SCOTLAND. 665
sail be provelst of the colledge himself, and they two pares, for
eshewing of emulatioun. And so our devill sail play, ^ occidisti)
possedisti,' as he has done before times. I can not forgett the pro-
ceedings of our late synod at Dysert, the secund Tuisday of Junie,
Avhere were three commissioners for the king, urging to accept the
bishop constant moderator, by vertue of the act at Linlithquo ; but
all in vaine. The Lord directed our brethrein almost whollie, so
that that tyrannic was stoutlie oppouned unto. Mr William
Cranstoun, moderator, in speciall, did an honest and stout part,
both in doctrine, prayer, and actioun of moderatioun, whereby our
metropolitan was mightilie dashed by his expectatioun, and the
Lords of Counsell commissioners farre frustrated, to whom the
bishop had promised that all sould be chewed meate against their
comming. To whom, when they saw the oppositioun made, the
Lord of Halyrudhous said, ' Bishop, (quoth he,) is this your
chewed meate ? me thinke that you and we both are like to wirrie
on it.' Mr James Nicolsone being thei-e, was never putt to suche
a pinche in his tyme, for to make good that forged act at Lin-
lithquo. He was so dashed, that he wist not what to make of it.
He was a mater of pitie to us all. The treacherie of it was scene
and perceaved by all that were present. They made a sort of
reading it to us, but we would understand nothing without a copie,
Avhich no wise could be granted us. In end, it was thought expe-
dient we sould continue our Assemblie to the last of September ;
for that argument of letters of horning moved our brethrein most.
Yitt I feare, if they had urged horning, we would have assayed
whose sword was sharpest, and what we could have done by
excommunicatioun against our bishope. But the particulars of all,
your Sonne, Mr Ephraim, will acquaint you with."
This dyet of the synod of Fife was condescended upon before,
at the meeting which they had last upon the sands of Dysert.
They were discharged by the king's letters to hold the synod at
that tyme. The discharge was purchassed by Bishop Gladestains,
and the day prorogued to the first Tuisday of Junie, in the king's
letters. So they agreed to prorogue by their owne authoritie, to the
GQQ CALDERWOOD's HISTORIE 1G07.
same day that was conteaned In the proclamatloun, but upon con-
ditioun, that incace that day sould be prorogued again by charge
and proclamatloun, that they soukl meete and proceed without far-
ther questioun, whatsoever might follow ; and in the meane tyme,
appointed some to compleane to the counsell. Mr Johne Dykes,
relating their proceedings at that meeting, in a letter writtin to
Mr James Melvill, subjoynneth these words following : — .
" The thing most contended for is, the constant moderatioun of
the provinces, in the persons of the bishops where they are ; and
namelie, in our province of Fife, in the person of the Archbishop of
St Andrewes. The act of Linlithquo, wherupon they ground all
this, can not be gottin pi-oduced as yitt, six moneths being past
since it was made. There is treget in it by the confessioun of all
that were present at Linlithquo. There is not a province in Scot-
land that has accepted as yitt the provinciall moderator except
Angus, and that not without oppositioun. The act was read there,
but a copie of it by no meanes could be obteaned. There is good
hope of honest standing in our province, howbeit mightie tenta-
tiouns be used, and all meanes to breake them and purchasse votes.
The devill raigned never more in flesh nor in Mr James Nicolsone,
graviter impudens, a horrible exemple of apostasie running to the
highest degree. Mr Patrik Simsone is a gone man in his bodie,
but mightie and strong -in God's caus ; who, becaus of his inabilitie,
conveened certane brethrein of the province unto him before the
synod of Perth, and cleered the whole caus unto them ; regraiting
speciallie the apostasie of our ministers, and charging them to
oppone to the constant moderator, or wishing ellis never to see
their face again incace they did otherwise."
MR HENRIE LIVINGSTOUN CONFYNED.
Upon the elleventh of June, Mr William Row and Mr Henrie
Livingstoun were summouned to compeere before the counsell.
Mr William Avas advised not to compeere unlesse the counsell
would relaxe him from the home, and make him free of the comp-
1607. OF THE KIRK OF SCOTLAND. 667
troller, who had letters of captioun to apprehend hhn, and committ
him to Blackenesse. But it was refused ; Avherupon he retired out
of Edinburgh. Mr Henrie Livingstoun compeered, and with great
difficultie obteaned the favour to be wairded in his owne parish, but
80 that he repaire not to the presbyterie or AsserabHe till his Ma-
jestie's farther pleasure were knowne.
MR p. GALLOWAY APPOINTED BIINISTER OF EDINBURGH.
About the end of June, the commissioners of the Generall
Assemblie, some wherof were bishops, conveened in Halyrudhous,
and appointed Mr Patrik Galloway and Mr Johne Bell to be minis-
ters of Edinburgh, before they made the presbyterie acquaint with
their proceeding. Yitt afterward they obteaned the consent of the
presbyterie that they sould serve as general! ministers in Edin-
burgh without a particular flocke, which was all that Mr Patrik
aimed at. But Mr Johne Bell refused ather a generall or a par-
ticular ministrie there.
SOME OF THE IMPRISONED MINISTERS COME IN THE KING'S WILL.
Upon Thursday the secund of Julie, the ministers underwrittin,
after they had beene referred to the bishops, were called before the
counsell, and by perswasiouns were enduced to subscribe as follows :
" Forasmuche as our proceedings at the Assemblie at Aberdeene,
and ratificatioun therof, wherin we intended not to have offended
his Majestic, have beene conceaved by his Hienesse and your
Lordships to be an offence, we are sorie, and come in his Majestie's
will for the same in our lives, bodeis, lauds, and geare. Subscribed
with our hands at Edinburgh, the secund day of Julie, 1607.
{Sic subscnbitur) " Mr Nathan Inglis.
" Mr James Greg.
" Mr William Forbesse."
Mr Robert Youngsone and Mr James Irwing stood to the lawful-
668 CALDEKWOOU'S HISTORIE 1607.
nesse of that Assemblie ; and as for the writt of the commissioners,
and letters of the counsell, they professed they tooke them not to
import disobedience ; yitt, if their lordships find it so to be, they
were content to underly farther punishment.
MR J. MELVILL'S licence FOR A MONETH.
Mr James Melvill, after the death of his wife, obteaned, by the
Erie of Dumbar's moyen, licence to returne home, to take order
with his privat efiaires ; v/ith provisioun that he no wise preache
nor resort to the presbyterie, synodall, nor Generall Assemblie.
So Mr James stayed a raoneth, and went backe to Newcastell to
his confynement.
MR J. Balfour's confinement changed.
About the beginning of Julie, Mr James Balfour, minister of
Edinburgh, was charged to remove from Cockburnspeth, where
he was confynned, to Aufurd in the North, where Mr Johne For-
besse was minister, there to stay and preache, but no where ellis.
lie was convoyed out of Edinburgh the elleventh of August by
the magistrats and some of the counsell. Being diseased, he stayed
at Inncrkething, and went not to Aufurd. Thus the ministers
sent for to court were used without anie processe, and against all
law and order.
MR R. HOWIE placed IN MR A. MELVILL's PLACE.
Upon the 27th of Julie, Mr George Gladestains, Bishop of St
Andrewes, conveened the universitie, the schollers being almost all
gone to the vacance, within the schoole of the New Colledge ; and
there declared his Majestie's will, that Mr Robert Howie sould be
placed proveist in that colledge in the rowme of Mr Andrew Mel-
vill, who for treasonable words was putt in the Towre of Londoun,
and therefore removed from his place in the colledge. So Mr
1607. OF THE KIRK OF SCOTLAND. G69
Robert was placed there In the king's name during his Majestie's
pleasure. Protestatiouns were made in the contrare, in respect no
processe of depositioun had beene intended against Mr Andrew.
But all was repelled with minassing speeches, to take heed to speeke
for tratours, least they be closed up with him, &c. Mr Robert
Howie refused to accept the place unlesse he had it granted simpli-
citer ad vitam. But he was imperiouslie commanded by the bishop
to accept it ; " For it sail be no otherwise than I have spokin," said
the bishop. So he tooke documents and entered. This actioun
was ended in lesse than a quarter of an houre.
A PARLIAMKNT.
Upon Saturday the first of August, the parliament satt doun in
Edinburgh. The king's commissioner, Lodovick Duke of Lennox,
propouned to the nobilitie, that the two archbishops sould have the
first place, and ryde with the honours. The most part of the ancient
nobilitie were absent ; the most part who were present were new
nobilitated. They granted liberallie the place to all the bishops,
but in derisioun, thinking they would not accept it. But they
accepted it als freelie as it was offered. So they raid and sett in
parliament, with great derisioun and detestatiovm ; but ambitioun
and advancement made them senselesse. Before they entered to
maters, the Bishop of St Andrewes, Mr George Glaidstains, made
an harangue, which was called the " Bishop's Sermoun." He
choosed for his text, 2 Chron. xix. The most remarkable observa-
tiouns were the following : —
Ver. 4. " Josaphat brought them again to the Lord of their
fathers." Refuting heere the errour of them who said with
Donatus, " Quid Imperatori cvm ecclesia ?" he affirmed these posi-
tiouns : —
1. That the prince onlie had power to convocat ecclesiastick
svnods ; for confirmatioun wherof, he used Beza.
2. That the prince may not onlie interesse^ but prceesse, and be
moderator in ecclesiasticall assembleis.
670 calderwood's historie 1607.
3. That the prince may judge and cognosce In maters meere
spirituall, ather by himself, or by his commissioners or delegats.
Ver. 8. " Josaphat sett of the Levits." Heere he spake con-
cerning the rankes and degrees of ecclesiasticall persons, and
affirmed, that since God had a kirk on earth, there were rankes in
it ; where he affirmed these positiouns : —
1. That the Lord's Levits was a style of Scripture givin to the
fathers of the kirk.
2. He thanked the lords and estats, who had restored the
bishops to their ancient dignitie, which by injurie of tyme, through
the ignorance of the people, who were not rightlie instructed, was
kept backe from them.
3. He called them " rascalls," that mistoonned the people, and
oppouned themselves heerunto.
4. Likewise heere he affirmed, that it was lawfull and pertinent
to ecclesiasticall persons to meddle in civill effiiires, and to be
counsellers to kings.
5. Alledged, that this judicatour constituted by Josaphat was
mixed of civill and ecclesiastick, Levits and elders ; and for prooffe
of that, said that the subject was betuixt blood and blood, " which,"
said he, " was a criminall caus."
6. To the same point, he alledged also, that to Achitophel, in
the counsell of David, succeeded the preests Zadock and Abia-
ther : that when Christ said, "Who made me judge over you?"
he so said, becaus he had no commissioun of C»sar, otherwise he
would not have refused to be judge. Lastlie, he nather prayed
nor uttered a petitioun to God, but used this speeche, " Lett us
pray that God will," &c.
In handling of these points, he used to interlace these words,
" They v/ill call me heere a leing and flattering bishop ; but it is not
I, but the Spirit of God, that flattereth and leeth, if anie be."
There was an act made tuiching the Chapter of St Andrewes,
the tenour wherof followeth : —
" Forasmuche as the conventuall brethrein, and channons of the
monasterie of St Andrewes, were the ancient chaptour and coun-
1G07. OF THE KIRK OF SCOTLAND. 671
sell of the archbishop therof, who are now decaying, and few of
them being alive ; lyke as the pryourie and fruicts therof are to be
erected in a temporall lordship ; and necessar it is, that the said
archbishop sail have a constant chaptour, according to the ancient
policie of the kirk, and fundamentall lawes of this kingdome :
Therefore, our soverane lord, with advice of the estats of this
present parliament, gives, grants, and committs full power and
commissioun to George, Archbishop of St Andrewes, to elect and
nominat seven qualified persons at the least, dwelling and having
charge and administratioun within his diocie, to be the perpetuall
convent, councell, and chaptom' of the said archbishoprick in all
tyrae coraming ; and after the deceasse, or removing of anie one or
moe of them from their present place, the intrant succeeding to the
said charge or place, to succeed also in that rowme of the chaptour
or convent ; and yitt, neverthelesse, reserveth to the said arch-
bishop and his successours their ancient priviledge, to witt, that
the commoun scale of the said chaptour to be made of new by
their owne advice, sail serve for their owne consents, without their
subscriptiouns. Attour, it is found and decerned, that the present
commoun scale of the said chaptour, being appended to the evidents
and rights alreadie made and granted by the said archbishop, has
beene, and sail be in all tyme comming, a sufficient and perfyte
consent of the chaptour, and als effectuall for securing the vassals
and tennents, receavers of the said rights, as the samine had beene
in anie tyme before ; and so to endure in force, for consent of the
said chaptour, ay and whill the electioun of the said chaptour, and
making: of the said new commoun scale."
MR J. NICOLSON's death.
At this parliament, the kirk of Meigle was annexed to the
bishoprick of Dunkelden, in favours of Mr James Nicolsone, deadlie
diseased in the meane tyme. The king induced him to accept the
bishoprick against his heart, as he affirmed himself, a little before
his death ; in signe wherof, his gift never past the scales. Yitt
672 calderwood's histouie 1607.
he went so farre In the course, that seing his devices crossed,
nather the king nor the kirk contented, but his owne estimatioun
greathe Impaired, and speclallie for depraving the act of Linhth-
quo, an heavie melancholic fell upon him, which did wring his life
from him. Before his death, he uttered these, or the like speeches :
The digesting of the bishoprick had wracked his stomack ; meaning
that his conscience could not digest the bishoprick. He would
not suiFer the name or style of a bishop to be putt In his latter will
or testament, nor the rents therof to come In reckoning among
the goods and geare left to his wife and children. Mr David
LIndsey, now Bishop of Brechin, then minister at Dundie, and his
familiar freind, privie to his greefe als muche as anie man, sett
doun his last speeches in Latlne verses ; and among the rest, his
exhortatloun to himself, not to haunt the court, and to eshew all
the king's employments. But nather his greefe nor his admoni-
tloun have wrought anie good effect upon Mr David ; for he hath
made no scruple to accept upon him the bishoprick of Brechin, and
to defend all the corruptlouns and Innovatlouns It pleased King
James to obtrude upon our kirk.
THE FYFT OF AUGUST SOLEMNELIE KEEPED.
The fyft of August was solemnelle keeped in Edinburgh. The
king's skoll' was drunkin by the duke his commissioner, and some
other noblemen, at the Croce of Edinburgh, w^hlch was covered for
the greater solemnitle. Bacchus was sett up, and muche wine
drunkin, and sweete meats cast abroad ; muche vanitie and pastyme,
beside ringing of bells, and setting on of balefires. The pest brake
up soone after.
THE SYNOD OF LOTHIANE.
The synod of Lothiane was holdin at Dalkeith, the 18th of
August. Llr George Greir, minister of Hadlntoun, the last
> Health.
1G07. OF THE KIRK OF SCOTLAND. 673
moderator, making the exhortatioun, alledged out of Beza, De Gra-
clibus, that a constant moderator was the first steppe to the Pope-
dome. When they were to choose a new moderator, the king'a
commissioners pi-oduced their commissloun, together with a copie
of the act of Linlithquo. Some of the ministrle who were at
LinUthquo conventioun testified, that the part of the act whicli
concerned moderators of provinclall synods was foisted into the
act. The resohitioun of the synod is sett doun in the act
following : —
" Dalkeith, 18th August, 1607. Sess. 1, ante meridiem.
" The which day, the act made at Linlithquo in December last,
1606, being read in the audience of the whole brethrein conveenned ;
and sindrie of the brethrein who Avere present at the said meeting
of Linlithquo being posed in conscience before God, whether it
was propouned, voted, and concluded in the said conventioun, that
a constant moderator was appointed to be als weill in all the pro-
vincial! synods, as in all the particular presbytereis of this realm e ;
they answered, that they never remembred that there was anie
suche thing propouned there, muche lesse that it Avas ever voted
or concluded by the brethrein of the Kirk of Scotland conveenned
at that meeting. And becaus they thought the words of the said
act made at Linlithquo, as said is, to be somwhat obscure and
ambiguous, they thought it farre meetest to referre the explana-
tioun therof to the nixt Generall Assemblie, when and wheresoever
it sail be conveenned. And so, the choosing of the moderator was
differred till after noone, and the brethrein, after thanksgiving and
prayers unto God by the said Mr George Greir, last moderator,
were dimitted, to meete in the said place immediatlie after dinner.
" Extract furth of the booke of the acts of the provincial!
assemblie of Lothiane and Tweddaill, by me, Mr Charles Luraisden,
clerk, keeper, and extracter therof, which I testifie by my
subscriptioun.
" Charles Lumisden, Clerk to the Provincial!
Assemblie of Lothian and Tweddaill."
VOL. VI. 2 u
674 calderavood's historie 1607.
It was required, that two of the synod sould be sent to a
conference, which was to be holdin at Halyrudhous. After long
reasouning, it was granted, upon conditioun tliat they conclude
nothing, but onlie advise upon suche things as were most expe-
dient to be propouned.
THE SYNOD OF FIFE.
The same day, the 18tli of August, the Synod of Fife was holdin
at Dysert. Thither came foure commissioners from the king, to
place Bishop Gladestains, moderator, viz.. Lord Lindsey, Lord
Halyrudhous, Lord Skoone, Lord Collector, Mr Johne Prestoun.
The lords and the bishop had designed Mr Johne Mitchelsone,
minister at Burntiland, to preache. But Mr William Cranstoun,
minister at Kettill, moderator of the last synod, walking in the
sessioun-hous, which was within the kirk, at his meditatioun, and
finding himself troubled with the closenesse of the aire, goeth out
of the sessioun-hous to the pulpit, partlie for more opin air, partlie
that his aifectioun might be stirred up with singing the psalmes ;
not knowing that anie other was appointed by the commissioners
to preache. Whill he was sitting in the pulpit, a messinger is sent
to him with a letter. He receaveth, and putteth it in his pocket,
not having leasure for other thoughts to read it. A little while
after, another messinger is sent in the lords commissioners' name,
to bid him come doun. He answered, he came to that place in
the name of a greater Lord, whose message he had not yitt dis-
charged; and with that named a psalme to be sung, becaus he
saw the people somwhat amazed. Then one of the bailliffes came
to him, and rounded in his eare, that he was commanded by the
lords to desire him to come doun. He answered, " And I command
you, in the name of God, to sitt doun in your owne seate, and
heare what God will say to you by me." The bailliffe obeyed.
At last, when he Avas entering to the prayer, the Conservatour of
the Priviledges of the Merchants in the Low Countreis, being a
counseller, went to him, and rounding in his care, desired him to
1607. OF THE KIUK OF SCOTLAND. G75
desist, for the lords had appointed another to teache. " But the
Lord," said Mr William, " and his kirk has appointed me ; there-
fore, bewarre yee trouble this worke ;" — and without further,
entered to prayer and doctrine.
Nather the bishop, nor anie of the commissioners, the Lord
Lindsey excepted, would come to heare him. The bishop, like a
subtile serpent, eschewed charming. After doctrine, the ministers
satt doun in the assemblie. Mr Johne Cowdan, minister of Kin-
rosher, occupyed the place of the last moderator, when his doctrine
was censured. The archbishop, Mr George Gladestains, was
censured for his absence from the doctrine. The moderator said,
an atheist could not have done worse than he did. The grave
bishop thinking that he had directlie called him an atheist, rose
up and said, " How dow I thole to be called an atheist ?" Turning
him to Mr Johne Cowdan, he said, " Thou profane dog ! if thou
bad not beene a wylde beast, thou would not have called me an
atheist : I am als honest in my calling and roome as anie minister
heere." The king's commissioners were forced to say, he was
unworthie to be in the number of ministers, lett be to be a bishop,
or constant moderator over them, seing he could not moderat his
owne passiouns. Mr Cowdan replyed to him, " Weill, Sir, your
pride, I hope, sail gett a fall. I saw the judgement of God upon
your predecessour, and if yee amend not, I beleeve to see the like
upon you." The brethrein were offended both with the one and
with the other.
Mr William, after his censure, entereth into his owne place
again, and willed the names of the last leits to be read, for electioun
of a new moderator. The king's commissioners shewed, they had
comraissioun to see the Archbishop of St Andrewes placed mode-
rator in that synod. The moderator desired the act to be produced.
After it was read, the brethrein answered, that it was constantlie
affirmed by the brethrein that were at that meeting of Linlithquo,
that no suche thing concerning moderators of synods was pro-
pouned, reasouned, or concluded at that conventioun, and, therefore,
they would not acknowledge that act so long keeped closse, and
676 calderwood's historie 1607.
comming to light but now of late, till all the presbytereis of the
province had first advised therewith severallie, and conferred with
other synods. For this end, they craved a copie to everie one of
their presbytereis. The king's commissioner said, they triffled
with the king. One of them called for the officer of armes, that
was appointed to charge them with letters of horning ; tooke the
catalogue of the names in his hand ; demanded at everie one,
severallie, whether they would accept the bishop to be constant
moderator of the synod, or not ? The officer was commanded to
give everie one that gave a negative voice a charge presentlie to
accept, under the paine of rebelliouu, and putting to the home.
The brethrein answered severallie, that they would rather abide
horning, and all that can follow therupon, than lose the libertie of
the kirk : the office is unlawfull, the man is unworthie. All refused
but two or three, Mr Josuah Durie, Mr William Murrey, Person
of Dysert, Mr David Monypennie, Mr Johne Caldcleughe, Mr
Eobert Buchanan, Mr Thomas Dowglas. Some went out of the
assemblie er it came to voting, viz., Mr Johne Mitchelsone, Mr
James Wilsone, JSIr William Murrey, minister of Carraill, Mr
Andrew Bennet, minister at Monymaill.
The bishop perceaving the brethrein to be so couragious, and
fearing excommunlcatloun, spake with the commissioners apart ;
promised to take upon him to satisfie the king, and therefore
desired the brethrein might be spalred. The commissioners were
Weill contented, and answered, that they would lay all the blame
upon him, if his Majestic were offended. And so they called for
the officer to discharge the assemblie by the king's letters, and to
charge them not to conveene again without speciall warrant from
the kino-. The kins's commissioners had a commissioun to see
Gladestains placed constant moderator of the synod : Nixt, to see
that two commissioners be sent to the conference at Halyrudhous :
Thridlle, to try what the constant moderators of presbytereis had
done against Papists ; and, Last, to see that the fyft of August was
solemnelie keeped, as it ought to be. After long reasoning, and
utter refusing of the first point, the synod besought the commis-
1607. OF THE KIRK OF SCOTLAND. 677
sioners to Invert the order, and first, to suffer two to be nominated
for the conference at Halyrudhous. The comptroller would on no
wise consent, but assured them, if the first were not granted, it
behoved them to dissolve the assemblie. In end, the mater was
drawin to a privie conference, and resolved in to this midds, That
it behoved them to charge all the brethrein that refused to accept
the modenxtor with letters of horning. Yittthe bishop promised to
write to the king in favour of the ministers, and shew that he
desired not the office, and therefore the executioun sould stay,
whill the answere be returned. The assemblie layed to the com-
missioners' charge, that at their last meeting they promised to
superseed all things tiU the last Tuisday of September, and pro-
mised everie presby terie a copie of the act, which was not performed,
and yitt they would proceed with rigour. The assemblie dissolved
upon Wedinsday, the 19th of August, about ten houres.
The synods of Merce and other provinces followed the same
course which the synod of Fife and Lothlane keeped, except Angus,
which had alreadie accepted their constant moderator. It was a
craftle device, that the synods sould hold all in one day, that none
might understand what others had concluded : yitt were the king
and the aspiring bishops disappointed of their purpose.
THE DYET AT HALYRUDHOUS DESERTED.
When the 27th day of August was come, there Avas no meeting
nor conference at Halyrudhous, partlie becaus the synods appointed
no commissioners, or were abruptlie dissolved ; partlie becaus Mr
James Nicolsone, who had cheefe credit in the king's course, had
departed this hfe ; and, therefore, it behoved them to fall to new
devices.
MINISTERS CONFYNNED AND PUTT TO THE HORNE.
The Bishop of St Andre wes, Mr Gladestalns, contrarie to his
promise, informed the king, after his owne maner, of the proceed-
678 calderwood's historie 1007.
ings of the synod of Fife, whereby he procured this charge follow-
ing, upon some particular brethrein who opposed most against his
admissioun to the moderatorship of the synod : —
" James, by the grace of God, etc. — Forasmuche as we, and the
Lords of our Secreit Counsell, are sufficientlie informed of the
insolent cariage and misbehaviour of Mrs Johne Dykes, Johne
Scrimgeour, and Johne Cowdan, ministers at the last Synod of
Fife, keeped at our burgh of Dysart, and how farre they did
transcend the bounds of that modestie that becometh men of their
calling and functioun ; and therewithall, did misregard the acts of
the Generall Assemblie, especiallie of the last keeped at Linlithquo,
and to the effect, that their impunitie for their grosse oversights
sould not encourage them and others to farther contempt heerafter :
Therefore we, and the saids Lords of our Secreit Counsell, have
ordeanned, and ordeane, that they sail be confynned within the
bounds of their owne parishes where they are ministers, there to
remaine, whill Ave and the saids Lords of our Secreit Counsell, upon
our full certiticatioun of their misbehaviour, give farther directioun
towards them as apperteaneth.
" Our will is heerefore, and we charge you straitlie and command,
that incontinent these our letters seene, yee passe, and in our name
and authoritie command and charge the saids persons to conteane
themselves within their saids parishes, and no wise to depart there-
fra, nor transcend the bounds thereof, whill they be fred and
releeved, under the paine of rebellioun, and putting of them to our
home. September 24th, 1607."
The bounds of their confynement was enlarged. Mr Johne Cow-
dan was confynned in the Presbyterie of Dumfermline, Mr Johne
Scrimgeour in the Presbyterie of Kirkaldie, Mr Johne Dykes
within the Presbyterie of St Andrewes. Mr William Cranstoun,
hearing that he was to be putt to the home, went to Mr George
Gladestains. He challenged him for violating his promise. The
bishop cursed himself if he knew anie suche thing. But Mr Wil-
liam repeated what he had writtin to the king, and what the king
had writtin backe againe to him, and said, "I saw the judgement
1607. OF THE KIRK OF SCOTLAND. 679
of God upon your predecessor : woe is me for that judgement of
God that is comming upon you ! Suppose I be an aged man, verie
unmeete to undergoe troubles, I may live yitt to see you ather
repent, or God's judgement to fall upon you." Yitt was he putt
to the home, the day following after this conference. About the
same tyme, a warrant was obteauned to Mr Robert Wallace to
returne to his owne parishe, to be confynned there.
THE SYNOD OF FIFE DISCHARGED.
About the end of September, when the ordinarie tyme of the
Synod of Fife was to hold, ]\Ir James Law, Bishop of Orkney, and
Mr Gawin Hammiltoun, Bishop of GalloAvay, came to St Andrewes,
on Fryday, the 27th, and brought with them letters from the
counsell, to discharge the conveening of the synod. The letters
were proclamed at St Andrewes and Cowper upon Saturday ; in
Kirkaldie upon the Lord's day ; in Dumfermhne upon Moonday,
at nyne houres, when some of the ministrie were upon their journey
to Dysart, the place appointed for holding the synod.
A FREEST MADE A SPECTACLE.
Upon the 27th of September, a preest, who had beene a certane
tyme in waird before in the Tolbuith of Edinburgh, was brought
doun on the mercat day to the Mercat Croce, with all his messe
clothes upon him, wherewith he was taikin, with his chalice in his
hand. He stayed at the Croce from ten houres till twelve. Then
all his messe clothes and chalice were burnt in a fire beside the
Croce, and himself caried backe to waird.
THE SYNOD OF LOTHIANE DISSOLVETH WITHOUT A MODERATOR.
Upon the 27th of October, the Synod of Lothiane conveened at
Dalkeith. It was voted, whether they sould accept one of the
constant moderators of the presbytereis, to moderate the synod this
680 calderwood's historie 1607.
one tyme, he being sworne, under paine of perjurie, to lay doun
that office at a certane day, and to reteane it no longer ? Seven-
teene voted affirmative, fourtie-seven negative. The 47 were pre-
sentlie charged, under the paine of horning, to retreate their voices
within three houres. Some went furth. The most part, yea,
almost all, cryed, Remove the constant moderators, with some
others, that they might make their choice. So Mr Patrik Gal-
loway was removed, with the constant moderators of the presby-
tereis, and by pluralitie of votes was chosin moderator of the
synod. The king's commissioner, Mr Thomas Hammiltoun,
advocat, discharged him in the king's name from accepting of it.
Mr George Greir, last moderator, charged him in the name of God
and of the Assemblie to accept it ; and so left the chaire. Mr
Patrik would obey the king, and would not conceave a prayer.
Mr George would not conceave it, because he was exonered. Some
tyme being spent in speeches to and fro, the advocat desired Mr
Patrik to conceave the prayer. So they dissolved, without appoint-
ing anie new dyet, and wanting a moderator.
THE SYNOD OF MERGE AND TEVIOTDAILL.
The Synod of Merce and Teviotdaill being urged by the king's
commissioner, my Lord of Roxburgh, to admitt one of the constant
moderators of the presbytereis to moderat the synod, he gott a
flatt Nolumus. They discharged the constant moderators of pres-
bytereis within their bounds, to occupie their places anie longer,
and charged the presbytereis, so manic as had admitted anie of
them, to choose new moderators after their retui'ne home. So
Johne Clappertoun was charged to dimitt the modcratorship of
Churneside Presbyterie, Mr David Hume of Dunce, Mr James
Knox of Kelso Presbyterie. Mr Johne Knox, designed by the act
of Linlithquo, moderator of Melrose Presbyterie, refused to accept,
and therefore was putt to the home. The Presbyterie of Jed-
burgh had not yitt accepted Mr Johne Abernethie. So at the
first meeting of their presbytereis, Churneside, Dunce, and Kelso,
1607. OF THE KIRK OF SCOTL.VND. G81
choosed new moderators. The Eric of Dumbar, latelie come from
court, wrote to the counsel!, to see suche insolence punished, (for
so he termed it.) Wherupon Mr Tobias Ramsay, minister at
Foulden, moderator of the synod, and Johne Smith, minister at
Maxtoun, clerk to the synod, being summouned, compeered before
the counsell. The counsell demanded of Mr Tobias how he durst
moderat in suche an assemblie, contrarie to the act of the Generali
Assemblie holdin at Linlithquo ? He answered, it was not a thing
desired by him, but layed upon him by the votes of the brethrein.
Nixt, they demanded how he durst make suche a motioun, as to
alter the moderators of the presbytereis ? He answered, that the
motioun came not from him, but being propouned by others, he
thought that place fitter to treate of that mater than the presby-
tereis, by reasoun of sindrie wise and grave men were there
assembled. They demanded of Johne Smith how come it that he
was clerk ? He answered, he was chosin by the Assemblie. They
were presentlie charged to enter in waird at Blacknesse, within
fourtie-eioht houres. But after consultatloun with some brethrein
of the best aflfected, they resolved rather to withdraw themselves
for a tyme, than to enter to a place where they could find no con-
fort nor hope of releefe, without confessioun of a fault. Johne
Clappertoun was also called before the counsell, and asked why he
dimitted his place ? He answered, becaus the synod had com-
manded him. Being asked whether he would accept the place de
novo ? he answered he would. The man was ambitious, and readic
to embrace anie preferment. The other two presbytereis were to
be charged to accept of new again their moderators.
A MEETING OF THE COMMISSIONERS AT FALKLAND.
Upon the seventh of October, the Bishops of St Andrewes,
Cathnesse, Brechin, Aberdeene, Mr Alexander Lindsay, Persoun
of Sanctmadocs, appearand of Dunkelden, the Bishop of Dumblane,
Mr Robert Wilkie, Mr Robert Howie, Mr Johne Strauchane, Mr
Johne Caldcleuche, and some others, convcened at Falkland. The
682 calderwood's historie 1607.
Bishop of St Anclrewes produced a warrant for suppleing Lauris-
toun's place. Mr Johne Mackbirnie being summouned for preach-
ing against bishops and constant moderators, compeered, and
promised to meddle no more with these controverted points in
pulpit before the people, but onlie to preache Christ Jesus, whill
he saw his tyme, which was admitted. Good brethrein were
oflfended. Mr William Cranstoun's parochiners solisted that he
might be relaxed from the home, and his closse waird changed in
confynement in his owne parish. The bishops were appointed to
requeist the counsell for him.
THE GENERALL ASSEMBLIE PROROGUED.
The Generall Assemblie was prorogued by opin proclamatioun.
The true cans was, becaus they had not gottin the constant mode-
rators established as they looked for, and perceaved there was yitt
zeale in the greatest part of the ministrie ; howbeit other reasouns
be alledged in the proclamatioun, the tenour whereof heere fol-
loweth : —
" James, by the grace of God, King of Great Britane, France,
and Ireland, Defender of the Faith. To our lovits, etc. — Foras-
muche as the Generall Assemblie being appointed to be keeped in
the moneth of November nixtocum, at our burgh of Dundie ; and
upon a speciall regarde to the weale of that church, for the prevent-
ing: of all disorder and confusioun in that mcetlno", w^hich ought to
be a president, and sould give good exemple to all others of good
order, discretioun, and duetifuU cariage : We having ordeaned a
meeting of some commissioners from everie synod in September
last, to the effect all things may be so duetifullie prepared, as the
adversareis of the religioun sould not take anie advantage of the
contentiouns among the brethrein at their meeting : But so perverse
is the dispositioun of some, who doe accompt nothing for oracles
but the inventioun of their owne braine, that disdaining the course
concluded by us, and by all appearance directlie opposing them-
selves to the peace of that church, by absenting themselves ; or
1607. OF THE KIRK OF SCOTLAND. 683
withstanding the sending of commissioners to the foresaid meeting,
Avhich was appointed in September last, as said is, doe cleerelie
thereby demonstrat their unquiett and unruelie inclinatioun, as too
manifestlie appeares in this their insolent and wilfidl misregarding
of these acts of the Assemblie at Linlithquo, made with so unifoi*me
an applause : But wheras this was more than sufficient caus to have
stayed the meeting of the said Assemblie, which, without the pre-
ceeding preparatioun, must needs be tumultuous and disorderlie ; so
in like maner, God's present visitatioun of our said burgh of Dundie
by the plague, inforceth the prorogatioun of the said Assemblie to
some other tyme. As also, where in the last Assemblie keeped in
our presence, before our comming out of that kingdom, speciall
commissioun was givin for visitatioun, the reports wherof are onlie
the speciall things to be treatted on in this Assemblie, yitt so great
has beene the neglect of them who were appointed to goe, everie
one in circuit within the bounds of their visitatioun designed, that
hitherto the same hath beene pretermitted : To the effect, therefore,
that in this point, the conveening of the said Assemblie sould not
be ineffectuall, we have by our speciall letters willed these com-
missioners there appointed, everie one to have care in reporting
against the tyme of the Assemblie here undermentiouned, their
severall reports of their travells and toyells in their visitatioun ;
having also nominated others, in place of suche of the said com-
missioners as since that tyme are ather deceassed, exiled, or con-
fynned.
" Our will is heerefore, yee passe, and in our name and authorltle
make publicatioun and intimatioun, by opin proclamatloun at the
mercat croces of our burghes of Edinburgh, Perth, Dundie, and
other places needfull, that the Generall Assemblie is continued and
prorogued to the last Tuisday of Aprile nixtocum. At which tyme,
it is to be keeped within our said burgh of Dundie ; and betuixt
and then, it may be hoped, that it may please God of his raercle to
remove the said plague of pestilence. And in the meane space,
all clergie men whatsoever, of whatsoever ranke or degree, are
discharged heercby, lyke as that yee in our name and authorltle
684 calderwood's historie 1607.
discharge them, of all conveening in anle forme of pretended
Assemblie, at our said burgh of Dundie, or anie part ellis, the said
24th day of November nixt, or anie day therafter, before the said
last Tuisday of Aprile, under the paine of incurring our high dis-
pleasure, and the contempt of the same to be punished in most
severe maner, and highest degree. The which to doe, &c. By
these our letters, givin at our court of Eoystoun, the 18th day of
October, and of our raigne the, &c.
"jPer Regemr
The fairest pretence of proroguing the Assemblie heere alledged
is, that the commissioners appointed for visitatioun in the Generall
Assemblie holdin the yeere 1602, might have leasure to travell in
their owne circuits, and report to the nixt Assemblie ; wheras, first,
they ought to have beene censured for not discharging their dueteis
BO manie yeeres, and the Assemblie ought not to have beene pro-
rogued, or the kirk prejudged, in holding of an Assemblie for their
weightie effaires, for their negligence. Nixt, if the conventioun at
Linlithquo was a lawfull Generall Assemblie, their commissiouu
expired then, or might have beene continued. But the truthe is,
some of these visiters had gottin bishopricks, and, under colour of
visitatioun, were to procure commissioners to the nixt Generall
Assemblie, suche as would not oppone to their course ; and to
settle constant moderators where they were not yitt receaved, as
we sail see in the progresse of the historie.
MR J. MELVILL REFUSETH PREFERMENT.
Upon the eight of October, Sir William Anstruther shew to INIr
James Melvill, that he had commissioun from the king to deale
with him to leave off his opiniouns, and apply him to his service,
with assurance, that he sould not onelie be accepted in favour, but
also be advanced above anie minister in Scotland. He answered,
no man was more willing to serve the king in his calling nor he,
and that his Majestic knew verie weill his affectloun ; what service
1607. OF THE KIRK OF SCOTLAND. 685
he had clone, and was willing to doe, so farre as conscience would
suffer him. " His Majestic findeth no fault with me," sayeth he,
" but that I can not be a bishop." " True," said Sir William, " why
will yee not take one ; as namelie, the bishoprick of Dunkelden,
which is now vacant ?" " There are three sort of bishops," said Mr
James, " divine, humane, and devilish. I am, by the mercie and
grace of God, one of the first. The secund sort, which the king
would have sett up again, was justlie, and by warrant out of the
Word of God, overthrowne in Scotland, is daylie declynning to
the devilish and satanicall, with which in substance it is all one,
and in my conscience and understanding, has perverted all true
policie and religioun, wracked the Christian impyre and kirk, and
hath beene the mother of all dissolutioun and atheisme. If in my
judgement I thought it would not undoe his Majestie's monarchic,
and the Kirk of Christ within the same, and so bring on a fearefull
judgement, I could als gladelie take a bishoprick, and serve the
king therin, as I would keepe breathe within my bowcke. So
farre am I from delyting to contradict and to oppose to his Majestic,
as is layed to my charge ; for in all things, saving my conscience,
his Majestic has found, and sail find, me most prompt to his pleasure
and service. When I had a warrant for me, what did I not
effectuat at his Majestie's desire, as namelie, the excommunicatioun
of Bothwell, thanksgiving for his preservatioun at Perth ?"
CONFERENCE BETUIXT THE SECRETAR AND MR J. MELVILL.
Secretare Elphinstoun conferring with Mr James Melvill as he
went to court, promised to doe muche for pacifeing the estat of our
kirk, if he were informed of the discipline and order of our kirk
governement. After short informatioun by word, by reasoun of the
shortnesse of the tyme, Mr James wrote a short treatise of the dis-
cipline and governement of the kirk in Latine, which he sent to
him in the moncth of Februar following.
68 G calderwood's histoeie 1G07.
MAXWELL AND MACKONEILL BREAKE WAIRD.
In the beginning of December, the Lord Maxwell being walrded
in the Castell of Edinburgh, deviseth a play for his keepers, whereby
it behoved them to runne out of the hous where he lay. They
layed aside their swords. Maxwell, and another gentleman who
came purposelie to assist him, with the advice of Mackoneill, take
their swords, close them in a hous, come to the castell gates, hurt
the porters, lappe the castell wall at the utter gate. Maxwell and
his freind departed. Mackoneill, becaus he had the boyes on his
legges, wreisted his kute in leaping ; yitt he creeped to a dunghill.
The cry rysing, he was diligcutlie sought, found, casting the mucke
upon himself, and was brought in to the castell again. This fell
furth in the gloming. The rest of the wairders were keeped the
straiter. Closburne was intised by them, but refused to breake
waird.
THE GEXERALL ASSEMBLIE AGAIN PROROGUED.
The Generall Assemblie was again prorogued by this charge
following : — •
" Ja^^ies, by the grace of God, King of Great Britaine, France,
and Ireland, Defender of the Faith, to our lovits, &c., our shireffs
in that part, conjunctlie and severallie, speciallie constituted,
o-reeting : —
" Forasmuche as the Generall Assembleis of the kirk having,
upon manic necessarie consideratiouns, receaved sindrie continua-
tiouns heeretofore by our speciall command and directioun, we, of
our princelie care, and fatherlle favour and aflfectioun to the peace
and weale of this kirk, having left no good meanes unassayed to
extinguish the fire of divisioun standing amongst the brethrein, and
to bring them to an uniformitie of mindes and harmonic, and charitie,
and they themselves made the more able and strong to oppose them-
selves against the adversareis of the truthe, and contrarie pro-
fessors, whose increassing number and practises have proceeded of
1607. OF THE KIRK OF SCOTLAND. G87
nothing so muche as the dissensioun amongst the mlnistrie ; and
the hist prorogatioim and continuatioun having proceeded upon a
godUe course and resohitioun intended by us, by directing of the
commissioners nominated by the Generall Assembhe with our con-
sent, to have visited the whole presbytereis and particular congre-
gatiouns within this our kingdom, the said visitatiouns, in respect
of the long and great storme, and unseasonable tyme of the yeere,
have receaved no effect nor executioun : And we considering, how
that it is most necessar and expedient that this visitatioun sould
yitt proceed the said Assemblie, and Ave being minded, if the
necessitie of other weightie effaires impesche us not, to honour this
our native countrie with our owne presence this yeere, and to be
present our self at the said Assemblie, and by our royall authoritic
sattle the present jarres and differences in the kirk, and establishe
the same in a perfyte unitie, love, and harmonic ; therefore, we
have thought meete yitt to prorogat and continue the said Assem-
blie, untill the last Tuisday of Julie nixtocum, upon which day,
God willing, it sail beginne and hold at our burgh of Dundie.
" Our will is heerefore, and we charge you straitlie and command,
that incontinent these our letters scene, yee passe to the Mercat
Croce of our burgh of Edinburgh, and other places needful!, and
there, by opin proclamatioun, make publicatioun heerof, where-
through none pretend ignorance of the same ; and that yee in our
name and authoritie command and charge all and sindrie our
subjects of the ministrie, that none of them presume, nor take on
hand to hold or keepe a Generall Assemblie, at anie tyme or place,
before the said last Tuisday of Julie nixtocum, under all highest
paine and charge that they may coramitt and * * against
us in that bchalfe. The which to doe, we committ to you, &c.
duelie executed, and indorsed again to the bearer.
" Givin at our Court of Whitehall, the 24th of December, and
of our raignes the 5 and 41 yeeres. 1607.
*' Per Reg em J'
The necessitie of visitatioun was but a pretence for prorogating
688 calderwood's historie 1607.
the Assemblie ; for, under colour of visitatloun, the bishops manie
of them appointed visiters at the Generall AssembHe holdin at
Halyrudhous, anno 1602, when they had not as yltt usurped, nor
become so insolent as they are now, intend to goe through the
countrie, to seduce, pervert, and corrupt the ministrie, and to see
commissioners chosin to the nixt Assemblie, suche as would yeeld
to their course, if possible they could persuade the presbytereis, as
the event proved. And yitt, their commission of visitatioun was
expired and null of it self, as sail be made cleere in the owne
place.
LETTERS UPON ASSIGNATIOUN DENIED TO SOME MINISTERS.
The platt of modificatioun of stipends past this yeere by the
bishops allanerlie, all other commissioners excluded. The roll was
putt in the collector's hands. Suche as had Nota at their name
could gett no letters, notwitlistanding of their assignatiouns, till
the bishops and constant moderators gave a warrant for that effect.
So the act of Linlithquo, as it was made up with treacherie, was
putt in executioun with violence.^
A VEHEMENT FROST.
A vehement frost continued from Martimesse till the 20th of
Februar. The sea freized so farre as it ebbed, and sindrie went
in to shippes upon yce, and played at the chamiare a myle within
the sea marke. Sindrie passed over the Firth above Alloway and
Airth, to the great admiratioun of aged men, who had never scene
the hke in then- dayes.
APPEARANCE OF A SILVER MYNE.
Mr Thomas Hammiltoun, the king's advocat, discovering a silver
niyne within his lands neere Linlithquo, and distant from Edin-
burgh about ten myles or thereby, obtcancd theraftcr of Iiis
1 G08. OF THE KIRK OF SCOTLAND. 689
Majestle a new infeftment of his lands, conteaning therln the said
myne and mineraU, with the whole profite therof to himself, paying
onelie the tenth pennie to the king. At the first discovering, it
was givin furth it was not of great importance ; but within three
quarters of a yeere or thereby, the brute went that it was other-
wise. Wherupon the advocat was sent for, and renounced, as was
reported, his infeftment of the said minerall. The king sent certan
English and Scotish men, to bring a great quantitie of the ure to
Londoun, to be melted and tryed. How it proved, it is not w^eill
knowne to manie ; but after that the myne was closed till his
Majestic advised farther.
MR A. STRAUCHAN's DEATH.
Mr Alexander Strauchane, one of the ministers banished for the
Assemblie at Aberdeen, being diseased of the Flanders sickenesse,
sent manie humble supplicatiouns to the king, for the libertie of
his countrie air, without which, the physicians assured him, there
was no hope of recoverie of his health. But no clemencie was to
be found. He departed this life at Middleburgh, with great
confort, and testimonie of his constancie in the caus for which he
suffered.
M.DC.VIII.
MR J. MURREY WAIRDED IN THE CASTELL OF EDINBURGH.
Mr Johne Murrey, brother to the Laird of Abercairnie, after he
had served seven y ceres at the kirk of Borthwick, and from thence
was transported to Leith, at the earnest sute of the toun of Leith,
and presbyterie of Edinburgh, assisted by the synod ; after he had
served there foure yeeres and an halfe, he was wairded in the
Castell of Edinburgh, through the malice of the bishops, becaus he
opposed to their entrie, and to everie step of their rysing as he
had occasioun, ather in the synod or in the presbyterie, or in his
VOL. VI. 2 X
690 calderwood's histopje 1608.
serraouns at Leith. The first motive of their miscontentraent and
malice against him was, becaus, in the additioun to the exercise in
Edinburgh Presbyterie on Proverbs xxii., Mr Patrik Galloway-
being the first speeker, he openlie condemned the condemning of
the ministers at Linlithquo, as unjust and unrighteous against the
faithfull servants of Jesus Christ. The nixt was, his kindelie
interteanement in his hous at Leith of the brethrein condemned
to be banished, whill the winds served, and the shippe was readie
wherin they were to saile. The thrid, a sermoun preached on
Galat. v. 1, at a synodall assemblie in Edinburgh by him, as
Moderator of the preceeding synod, wherin he taxed the avarice
and ambitioun of some of the ministrie claming to higher places in
kirk and commoun weale than Christ had appointed. The fourth,
his publict oppositioun in preaching at Leith, first to the Arch-
bishop of St Andrewes, Glaidstains, and after to the Archbishop
of Glasgow, Spotswod, now St Andrewes, who came to Leith
accompanied with five or six other bishops, of purpose, as it seemed,
to sing the triumphe upon the good cans, and the faithfull ministers
which were banished for the same. He layed the blame upon
them, as authors both of obscuring the one and slandering the
others, and that for their owne particular and worldlie respects.
The fyft motive was this : Immediatelie after the conventioun
holdin at Linlithquo, the Moderator, Mr James Nicolsone, and
some other commissioners joynned with him, urged the Presbyterie
of Edinburgh with acceptatioun of the constant moderator, wher-
unto he opposed, both in the reasouning and voting.
Upon these motives, the bishops conceaved exceeding great
hatred and malice against him, and, therefore, sought a querrell
and meane to be avenged, but under some other colour and pre-
tence, least they sould seeme to respect their owne particular. At
lenth, they lighted upon that sermoun which he preached in Edin-
burgh at the synod, which was putt out in print at Londoun, Avith-
out his knowledge at that tyme ; nather understood he till a long
tyme after how it came to the presse. It was first putt in King
James his hand by Bancroft, Bishop of Londoun, Avho, by a sud-
1608. OP THE KIRK OF SCOTLAND. 691
dane searche among the printers, found it at one of the presses.
The king read it, noted some passages in it, and was highlie incensed
becaus it made for the ancient liberteis of the Kirk of Scotland,
and against the intrusioun of bishops. He sent it home to Secretar
Elphinstoim, and charged him straitlie to examine the said Mr
Johne upon these heeds : If that sermoun was his ; what copeis he
had givin out of it ; and if he did putt it to the presse ? The
secretar sent for him, desired him to confesse his offence, and to
leave that course ; promising him preferment. Mr Johne answered,
" God make me faith full in that glorious office to which I was
called." He acknowledged the sermoun to be his ; confessed he
had givin one copie of it to a freind, who importuned him to write
it after he had preached it ; and that it was printed without his
knowledge ; but as for anie errour in it, he would acknowledge
none. The secretar wrote to the king verie favourablie for him,
and the king was content to lett the mater rest. When this came
to the knowledge of the bishops, Gladestains Bishop of St Andrewes
and Law Bishop of Orkney, went to the secretar, and would needs
have the sermoun from him. Then they assembled their brethrein,
assayed their witts, and drew out some articles by way of conse-
quence out of some passages of it, as chopping upon the king's civill
authoritie. But the true caus of their greefe and displeasure was,
the plaine disco verie of their ambitious and avaritious humors,
wherof they seemed to take no notice in their articles. These
articles they presented to the counsell, and will have the counsell
to conveene him before them, and lay the contempt of the civill
authoritie to his charge ; or as others report, [they] sent to the
king, and procured that he might be cited before the counsell. So,
upon Thursday the 25th of Februar, he was summouned to com-
peere.
The articles presented to the counsell were these following : —
" The author of the sermoun, page 28, specking of abusing
Christian libertie, bringeth for exemple, a law or injunctioun for
the use of the surplice in divine service, the ring in mariage, etc.,
which is an expresse taxing of the canons of the Kirk of England
692 CALDER wood's HISTORIE 1608.
made anent these ceremonels, and the king's Majestle's ratificatioun
therof."
"Page 33. He sayeth, that the creeping in of the antichristian
yoke had, for the first step, that which is little different from our
new moderators ; and so, condemneth the act of Linlithquo rati-
fied by his Majestie."
" Page 44. ' The king, counsell, and nobilitie, and all, having
sworne by the name of God to defend the discipline of the kirk all
the dayes of their lyfe, under the paines conteaned in the law, and
danger both of soule and bodie in the day of God's fenrefull judge-
ment :' and page 52, he sayeth, ' paritie, in power and authoritie,
is the ordinance of God.' This is a laying of perjurie to his
Majestie and counsell, seing his Majestie condemnes paritie, and
preasseth the abolition therof in our kirk."
" Page 48, he sayeth, ' We in Scotland ar beating doun Christ,
putting him in bonds, covering his face, and purpose to burie him,
with the Jewes.' This striketh upon the king's authoritie, that
he sould suffer Christ to be so intreated in his kingdom."
Heere the reader may see how malice maketh them to bewray
their owne corrupt intentioun. They denyed flattlie, that they
were seeking superioritie over their brethrein, or overthrowing
paritie, or that in anie cace they allowed English ceremoneis ; yitt
will they bring the author of the sermoun in trouble for the same
points, howbeit indirectlie, under colour of impeaching the king's
authoritie. Before I proceed, I M'ill sett doun the passages out of
which they drew their articles, together with some others more
nipping, which they past by, as they are extant in the printed ser-
moun.
" Page 24. Therefore, that is not a good argument : * This or
that (as the estat of bishops humane, or suche other) is not against
the Word ; there is nothing in the Word against it, therefore, it
is lawflill. Suppose it were so, that it were not against the Word,
yitt it Avill not follow, if it be among the substantial! points, as
concerning anie office-bearer his oflfice, authoritie, or suche like,
which are perfytelie and expresslie sett doun in the Word ; but
1608. OF THE KIRK OF SCOTLAND. 693
rather by the contrarie, it will follow by a sure consequence. It
is not with the Word ; the Word is not with it, therefore, it is not
lawfull. Otherwise, this libertie is turned to loosenesse. For the
secund, the limits of the points substantialll and ceremoniall, is
likewise by the Word, but generallie ; bounding all and everie one
of them in their use, with the foresaid three limits, order, comeli-
nesse, and edificatioun. Where ceremoneis are placed in a church,
having all these three joynned with them in peace and wisdome,
lett them be reteanned without superstitioun. Where ceremoneis
are placed in a church, breaking their bounds, bringing in with
them, — for order, confusioun ; for decencie, uncomelie and ungrave
disguising ; for edificatioun, offence of the weake in faith, (of whom
there hath beene ever, and will be a number in the Church of
Christ in allages,)and confirming of others in their superstitiouns, —
lett them without contentioun, in wisdome and authoritic be
removed, otherwise this libertie is turned into loosenesse. There-
fore, this is not a good argument. All ceremoneis are in themselves
indifferent, therefore, they may be reteaned or removed, placed or
displaced, according to our pleasure. It folloAveth not, becaus
there is a difference betuixt the indifferencie of the thing: indifferent
in itself, and the indifferencie of the use therof, the thing indif-
ferent in itself and its owne nature, (being nather inclynning to
good nor evill,) is, and abideth alwayes indifferent, (the Christian
libertie therof being in the conscience, as a benefite cheefelie per-
teaning thereto,) the authoritic of man, yea, of angells, is not able
to alter or change the nature therof, by turning indifferencie into
necessitie ; far this is onlie proper to God, to change the qualitie
of things by the power of his precept. But the use of the thing
indifferent is, and abideth not alwayes, and at all tymes indifferent
in respect of the accidents that accompanie the same : sometimes
offence, uncomelinesse, disorder following theron, which taketh
away the indifferencie of the use ; binding and restraining the
externall worke, that it be not done, albeit nothing tuiching the
internall libertie of the conscience, which is ever free ; otherAvise
the abuse of the thing indifferent cometh in of necessitie, craving
694 calderwood's historie 1608.
reform atioun therof. Some tymes again, the lawful! authoritle of
men in a discreit commandement or precept of Christian charitie,
accompanieth the same, injoyning the use of the thing indifferent,
and so, obliging and binding the externall worke to be done,
(although not the intemall libertie and conscience,) and that not
absolutelie, but in cace of scandall ; otherwise, the worke without
sinne may be omitted. If yee will say, ^ The lawgiver, by his
superiour power concerning the externall use of the thing indiffer-
ent, will remove the offence following therin, it will not, but farther
aggravat, becaus thereby the externall worke appeareth to be
bound to the offensive use of the thing indifferent, which before
was free. If yee will aske, whether the superiour power may not
by precept injoyne the use of things indifferent, I answere, yea,
and with these conditiouns : 1. That it be without the opinioun of
merit, and necessarie divine worship. 2. That it be without the
offence of the weake, or anie of God's childrein whatsoever, and
the strenthening of the superstitious in their blind errours. 3.
That it be not imposed with the claus of perpetuitie, as though it
were a thing necessarie ; but that it be left alterable, according as
the circumstance of tyme, place, and person sail require. 4. That
it be not urged under the punishment of necessitie. For exemple,
if a law or injunctioun sould impose the use of the surplice in
tyme of divine service, the ring in mariage, &c., under the paine
of depositioun, this is to make the use of a thing indifferent, neces-
sarie ; for what other or greater sail be the punishment of fornica-
tioun, drunkennesse, &c., in the person of anie sprituall office-bearer ?
So then, of all this yee see, what a gratious libertie it is wherewith
Christ hath made us free, and, therefore, how steadfastlie we sould
stand in it ; not with a loose and licentious heart, but with affec-
tiouns fast sattled by faith theron, that we be not entangled again
with the yoke of boundage.' "
" Page 30. To be once yoked and freed, and after freedom to
be yoked again, is commounlie a remidilesse yoke : the last condi-
tioun of that man is worse than the first."
" Page 33. For evill, in the beginning and first enlrie, is ever
1608. OF THE KIKK OF SCOTLAND. 695
almost in a mysterie hid up. And this is the craft of Satan, who,
when he has anie worke of weight to doe, can transfomie himself
and his instruments into angells of light. Dulefull experience in
tymes past teacheth this, in the birth and grouth of Antichrist,
the Man of Sinne, which the apostle calleth, 2 Thess. ii. 7, * the
mysterie of iniquitie which doeth alreadie worke.' Behold, the
entrie and creeping in of tliis yoke was evill, even in the dayes of
the apostle, the first degree and step wherof is little different from
our new moderators. It was not verie sensible or apparaunt, upon
which, whill this Man of Sinne stood, he appeared little higher than
the rest, but stood equall with thera upon the earth ; yitt by pro-
gresse of tyme, sinceritie and humilitie passing away, covetousnesse
and ambitioun prevailing, he did climme up step after step from
this to bishop, from bishop to archbishop, from archbishop to patri-
arch, from patriarch to pope, till he come to the top of this his pin-
nacle, upon the which he stands now in his antichristian greatnesse."
" Page 41. I am perswaded, that we carie more credit, and are
better accompted of in the hearts of these that feare the Lord,
when we content ourselves within the compasse of our calling, with
the styles of ' Mr George,' ' Mr Johne,' ' pastor of suche a place,'
than when we borrow through ambitioun the titles of worldlie
honour and digniteis, loving the style of ' my Lord Bishop ' better
than to be called a faithfull and diligent minister."
"•Page 43. Now we know that the meanest society in the land
will be laith to loose the least point of their civil liberteis, having
both right to them, (and the same ratified by the acts of parlia-
ment,) and possessioun of them ; yea, they will admitt no endeavoure
or attempt that may prejudice a circumstance of them, rauche lesse
the substance. Sould we not then stand fast in this libertie to the
which we have right from God registred in his Word, ratified by
the lawes of the land, so long by us peaceablie possessed ? To these
liberteis all estats of the land, king, counsell, nobilitie, pastors,
people, have sworne and subscribed. Swome ? Looke the Confes-
sioun of Faith. Whereby ? By the great name of the Loid our
God. Wherto? To continue in obedience of the doctrine and
696 calderwood's historie 1608.
discipline of this reformed church, and to defend the same. How
long ? All the dayes of our lives. Under what paine ? Under the
paine conteaned in the law, and danger both of bodie and soule in
the day of God's fearefull judgement. How have all sworne and
subscribed ? Not secreitlle, but solemnelie ; again, not ignorantlie
or rashlie, but sayeth the words, ' After long and due examinatioun
being perswaded in conscience, through knowledge wrought by
the Holie Spirit, and not moved for worldlie respects, in a through
resolutioun willinglie, beleeving, confessing, subscribing, affirming
before God and the whole world, that it is the onelie true religioun,
pleasing God, and bringing salvatioun to man, and promising to
mainteane it both in the doctrine and discipline.' So that if anie
will alledge, that now they may alter, becaus they see the greater
light ; surelie it may Aveill be greater living thou seeth, but greater
light thou canst not see to make thee alter. This is a strong rea-
soun to bind the loosest heart, and make steadfast the most wander-
ing soule, unlesse in the sight of God, his angels, and the world,
we would be manlfestlie perjured, and make opin apostacie, to the
high blaspheming of that Gospell of grace which we preache and
professe."
'' Page 46. Now, it may be, that some may be reasoning within
themselves after this maner : What needeth all this adoe of this
libertle, the keeping of it, and standing in it ? wherin is it hurt, and
by Avhom ? I answere to the first. If yee will compare the estat of
our church as it was within these few yeeres, with that which now
is ; the graces and faces of faithfuU men zealous for the hous of
God ; their unitie and amitie, the order and comelinesse of their
meetings, the concurrence to the Lord's worke which then was,
with that which now we looke upon with our eyes ; disorder, con-
fusioun, and divisioun, your questioun will easilie be resolved.
The tyme hath beene, when our church and liberteis have beene
as a defenced citie or hous ; but now, doores and windowes are
partlie cast opin, partlie brokin up, and enemeis entered, so
that the falthfull keepers will be forced ather to yeeld or to suffer.
But to suffer is farre better. For if ather our liberteis through
1608. OF THE KIRK OF SCOTLAND. 697
craft be nndermyned, or through rewarde be givin out of our hands,
it is hkehe the Lord will never honour us with them again. But
if by violence they be throwne out of our hands, then possesse
we a good conscience, and in our God's great mercie they sail be
repossessed when he thinkes tyme. Was not the glorious libertie of
doctrine and discipline exercised in this land, some tyme to it that
which the arke of God was to Israeli, the glorie and praise of
it, which now is departing ? and there is none like Phineas' wife
to mourne for it. Was not Scotland, albeit the meanest among
manic natiouns, yitt renowned through the world, becaus Christ
in his Gospell of grace was so cleerelie borne out before our eyes in
it ? and as Bethlehem Ephrathah, albeit little among the thowsands
of Judah, yitt renowned, becaus Jesus was borne in it ? But now
we are beating him doun, putting him in bands, covering his face,
as though we were of purpose now to burie him again, with the
Jewes. The Lord be mercifull unto us ! I need not to insist in
these things which are more than evident, wherof everie one of us
talketh privilie, albeit we speeke not muche of them publictlie."
" Page 49. By whom are our liberteis hurt ? As concerning our
soverane, the king's Majestie, he promised at his departure out of
this countrie, and protested as we heare, at that late meeting at
Linlithquo by his commissioners, that it was no wise his intentioun
to alter our governement, or to hurt our liberteis."
" Page 50. Weill, then, lett us searche out this hurt among our
selves."
" Page 52. Some of us, not contented vnih our standing in the
ministrie, have dome up to higher places, both in church and com-
moun wealth, than God has called us unto, through coveitousnesse,
seeking the profits of this present and perishing life through ambi-
tioun, affecting the preferments therof, and imparitie in power and
authoritie above their brethrein ; who, to winne to them prefer-
ment, have troubled the peace of Jerusalem, and hurt the liberteis
therof. If anie will say, it is paritie among pastors in power and
authoritie that is the mother of confusioun and the breaker of
unitie, surelie this is an unjust slander of paritie. For first, it is
698 calderwood's histoeie 1608.
the ordinance of God, who is the author both of order and peace,
1 Cor. iv. 33. There was none of the apostles in authoritie above
another, etc. ; for they who keepe one ranke are in equall power.
This practise hath the place of an ordinance. Yea, examine that
place Weill, Mat. xx. 25, 26, 27 ; and out of Christ's speeche to his
disciples upon the occasioun of the sute of the sonnes of Zebedeus,
by consequent yee sail draw out an ordinance. Secundlie, if anie
suche thing fall out where paritie is, the fault is not to be layed
upon the paritie of power, but upon the imparitie of spirits, which
cannot satisfie themselves with the place and power that God has
givin them. Thridlie, All these imputatiouns may be layed justlie
upon imparitie, which is the mother of pride, that never can keepe
unitie and peace. ' Onelie through pride doeth a man make con-
tentioun,' sayeth Salomon, Prov. xiii. 10. And if anie will call to
minde the tymes past when ever there hath beene anie trouble or
stirre in our church, they sail find that the authors and instruments
of it were ever some who, through covetousnesse and ambitioun,
the two banes of the church, have sought to themselves a pre-emi-
nence among brethrein whose deaths and epitaphes may be a
terrour to these who tread in their footsteps."
" Page 55. Now, if we were charged upon life, and death, and
conscience before the Lord, (according to the weakenesse of our
w'itt,) to give a rule for the peace and quietnesse of our church,
this it is : ather take away Demas and Diotrephes from office in
the church, or take from them their evill humours of coveteousnesse
and ambitioun ; or take away their honours, the objects of great
benefices and bishopricks ; and then, if anie be found who sail
trouble their heads to hatch out an argument for the defence of so
offensive a state, and if then peace sail not be within the walls of
Jerusalem, and prosperitie within the palaces therotj we sail be
content to beare the blame and burthein whatsoever.
"Again, if anie will say, that all this may be mended by this one
meane, to make choice of the most wise, grave, godlie, and zealous
of the ministrie, and promote them to these places, (which make
greene and unsattled Avitts quicklic forgett themselves,) and so all
1608. OF THE KIRK OF SCOTLAND. 699
things sail goe welll, and be weill governed, surelie we will not be
so uncharitable as to thinke that suclie men (albeit they were lying
at their feete) would stoupe doun to take them up, they being
clogged with so manie inconveniences. Again, as Paul sayeth,
' Evill words corrupt good maners,' so we say, that evill courses
will corrupt good men ; for als long as a minister keepeth himself
within the compasse of his calling, in humilitie and holinesse serving
the Lord his God, he hath gratious and fruictfull blessing of his
God attending on him and his labours. But how soone soever he
breaketh the bounds therof, seeking the world and the profits and
preferments therof, the fruictfull blessing departeth, and the feare-
fuU curse cometh in the place therof to worke upon him ; and then
we sail see, that of all men of the earth suche a minister will become
most vaine, worldlie, proud, and ambitious. And thus, of all this
which hath beene spokin, we see that there is no preservative for
us but to stand fast in that libertie wherin Christ hath made us
free, that we be not entangled againe with the yoke of boundage."
Howbeit these and other like passages galled them, yitt would
they seeme to be miscontent with nothing but that which tuiched
the king's authoritie, to draw the said Mr Johne under the king's
wrathe and indignatioun : and finding nothing that tuiched his
authoritie, they drew out consequences as yee may see in the
articles above writtin.
Mr Johne compeereth before the counsell. The king's advocat
readeth the articles, and challengeth him upon them. He desired
to see the sermoun out of which they were drawin, and to have
both it and the articles with him, that he might conferre them, and
advise upon an answere. The counsell granted, and appointed
him to compeere the nixt counsell day, and to give in his answeres
to the articles in writt. Mr Johne considering that to give par-
ticular answeres to everie article, was to acknowledge the counsell
to be competent judge to his doctrine, he drew up a general!
answere, which in effect was a declinatour, but had the forme of a
supplicatioun, and presented it the nixt counsell day. The answere
heere folloAveth : —
700 CALDER wood's historie 1608.
" For answere, in all humilitie and reverence^ to your Lordships.
" The articles upon which I am challenged are not the words of
my sermoun, but consequents drawin out of them, coming directlie
against both the scope of the sermoun itself, aimed onlie, as is
evident, at ourselves in the ministrie at that present conveened ;
as also, against the expresse words therof, the which, as page 49,
are full of reverence and duetifulnesse towards his Majestic. Heere-
fore, I most humblie beseeke your Lordships, seing my challenge
is not the expresse affirmatioun of my words, but the illatioun, that
as there is no expresse mater or caus of accusatioun, but rather
contrare, so there may be no expresse accusatioun ; and that my
words be not over sore wrung, nor my meaning wrested, but
favourablie construed. Finallle, that your Lordships, according
to your lovable custome, would leave the censure and judgement
of the sermoun and points therof to my ordinarie, ather the pres-
byterie, or provinciall assemblie, in whose audience it w^as delivered."
Mr Johne was removed. Some of the counsell favoured Mr
Johne, and accepted the answere as sufficient. But the bishops
would have a particular answere in writt to everie particular
article. Then he being called in again, Chanoeller Setoun
declared to him, that it was the counsell's will, that against the
nixt day he sould give in his particular answeres. Mr Johne,
before he sould be forced to expresse his resolutioun, assayed
to hold oiF with peaceable answeres. \. He reply ed, that sup-
pose the answere seemed generall, yitt being applyed to everie
article in particular, would give satisfactioun. That answere not
being accepted, he answered nixt, that these articles were but
consequents throwed out of his sermoun, without anie good conse-
quence : they were not expressed or confirmed in the same ; there-
fore, he could not answere formallie, but by lightleing and rejecting
of them. That answere likewise not being admitted, he answered,
3. That the sermoun would answere for itself, the places therof
wherout of these articles were drawin being considered. The chan-
celler still urgeth him to give particular answeres in writt. He
1G08. OF THE KIRK OF SCOTLAND. 701
answereth resolutelie, " My lord, I have givin my answere : I have
my calling to attend upon."
The clianceller perceaving that he was resolved to give no other
ansAvere, commanded the clerk of the counsell to take up the
sermoun, and reade the places out of which the articles were
taikin. They saw cleerelie, there was nothing but wresting of his
words. In end, the chanceller, to please the bishops, said to Mr
Johne, " Sett doun the words of your owne sermoun in writt."
He ansAvered, "My lord, it is needlesse, seing they are alreadie
extant in print." So he was removed the secund tyme. The cheefe
of the counsell pleaded his caus at lenth against the bishops. When
Bishop Glaidstanes saw that they had opened their packe, and
sold no wares, in a great fume said to the chanceller, " My lord,
looke to the answere that he has givin in Avritt ; consider it, and it
will be found to be a declinatour." The chanceller replyed taunt-
inglie, " Albeit yee be Lord of St AndrcAves, yitt it seemeth yee
have never beene in St Andrewes. He giveth in a supplicatioun,
and yee call it a declinatour : that is no good logick." The bishop
was putt to silence, and Mr Johne called in again, favourablie dis-
missed, and sent home to his charge. The bishops were mightilie
incensed, finding themselves so farre dashed and disappointed ; sent
up a privie messinger to King James, with false informatiouns both
against some counsellers and against Mr Johne.
The king sent a sharpe letter to the counsell, rebooking them
sharplie for the favour granted to Mr Johne, and sent a Avarrant to
the Captan of the Guarde to apprehend him, and comraitt him to
Avaird. So, without convictioun for anie offence, and without anie
new citatioun, onlie by the king's privat warrant, stirred up by the
bishops, he was apprehended, and committed to waird in the
Castell of Edinburgh, that he might be an exemple to others who
sould oppose to the bishops. When he asked at some of the coun-
sell, for what caus he was wairded ? they answered, it Avas against
their will that he was wairded. So the king was so headstrong in
this course, that some of the counsellers, namelie, the advocat, Mr
Thomas Hammiltoun, furthered willinglie his intentioun for their
702 calderwood's historie 1608.
owne preferment : others, for feare, became executioners of his
will against their owne hearts. Mr Johne was deteanned in the
castell a whole yeere or thereby, till he was confynned in New-
abbey, as we sail declare in the owne place.
MR C. FARHOLME SORE PUNISHED.
About the same tyme, Mr Charles Farholme, minister at Fraser-
burgh, a holie and learned man, one of the ministers who was
confynned in the Hielands, for the Assemblie holdin at Aberdeene,
in a letter sent to Mr Robert Bruce hath these words : " I have to
this houre beene releeved by the confort of no creature, nather have
I heere to whom I may goe. A thousand deaths hath my soule
tasted of; but still, the mercie and truthe of the Lord hath suc-
coured me. The Lord perfyte his owne worke in me." But little
care had the king and his bishops to what straits they drave good
men, so they might atteane to their purpose.
BISHOPS MEETE OFT AS COMMISSIONERS OF THE GENERALL
ASSEMBLIE.
The Commissioners of the Generall Assemblie, the cheefe wherof
were bishops, conveened the 17th of Februar, to hold their con-
sultatiouns, and to advise upon directiouns to court, and from court.
Their commissioun expired at the conventioun holdin at Linlithquo,
if that was a Generall Assemblie, as they gave it furth. But they,
under colour of that commissioun which was givin five yeeres
before, keepe their meetings, hold their consultatiouns, and call
ministers before them, beare down honest men of the minis trie,
that they may atteane to spiritualljurisdictioun over their brethrein
in the particular dioceis where they receave their benefices ; and
so, by vertue of an old pretended commissioun, made way to that
episcopall jurisdictioun which they had beene long hunting for ;
and for the same cans, was the Generall Assemblie prorogued from
tyme to tyme, that they might have tyme to worke by the power
1G08. or THE KIUK OF SCOTLAND. 703
of that pretended authoritle. They being conveened at this tyme,
the elders of the kirk of Anstruther purposed to present to them a
supplicatioun for their minister. But the bishops or commissioners
being foreseene, caried their meeting so secreitlie, that few under-
stood ather of the houre or place, to give in their supplicatioun.
Mr James Law, Bishop of Orkney, said to a gentleman of the
parish, If their minister, Mr James Melvill, or anie other in his
cace, were willing to yeeld to the king in suche indifferent things
wherin he craved satisfactioun, his OAvne letter would worke more
for his releefe than their intercessioun ; and if his resolutioun were
yitt different, the king would accompt their writting in his favours
but a scoffe. He alledged, the king had rebooked the Bishop of
St Andrewes, for interceeding for Mr William Scot, and some
others, contrare to that which was agreed upon. So they layed
the whole burthein of honest men's trouble upon the king, as if
they were cleane of all art, part, and counsell.
GLADESTAINS' ATTEMPT AGAINST MR J. JOHNSTOUN.
At the visitatioun of the universitie of St Andrewes, Mr Glade-
stains, bishop, would have had Mr Johne Johnstoun, one of the
professors of Theologie, displaced, alledging he was unprofitable,
pernicious, and his chamber a receptacle to all evill affected per-
sons. But the universitie rejected the said motioun.
MR HOWIE CHALLENGED FOR CORRUPT DOCTRINE.
Mr Howie tooke the defence of the superioritie of bishops over
presbytereis in the New Colledge. His auditors professed plainlie,
they were rather confirmed in their former opiniouns, nor anie
wheate moved. He was sharpelie censured by the Presbyterie of
St Andrewes. Mr David Dagleish, then an expectant, now
minister at Cowper, offered both in privat, and in face of the pres-
byterie, to dispute publictlie with him.
704 calderwood's historie 1608.
JOHNSTOUN SLAINE.
The Lord Maxwell being proclamed tratour, after the breaking
out of waird of the Castell of Edinburgh, and therupon drivin to
great straits, sent to the Laird of Johnstoun, craved a meeting,
pretending he would now be heartilie reconciled with him, and not
for the fashioun, as he was before at the king's pleasure, becaus he
perceaved he did not trouble him now, being an outlaw, as he
looked for. They meete at the place appointed upon the sixt of
Aprile, Maxwell and one with him, Johnstoun and another with
him ; and Sir Robert Maxwell of Spots, neere cousin to the Lord
Maxwell, and brother-in-law to the Laird of Johnstoun, who was
imployed by Maxwell to draw on the tryst. They meete on horse-
backe, and saluted other heartilie in outward shew, and went apart
to conferre together. Whill Johnstoun and Maxwell is conferring
apart. Maxwell's secund beganne to querrell Johnstoun's secund,
shott a pistolett at him, wherupon he fell. Johnstoun hearing the
shott, cryed, " Treasoun !" and ryding from Maxwell to the two
gentlemen, to understand w^hat the mater meant. Maxwell shooteth
him behind the backe. So Johnstoun fell, and died of the shott.
Soone after, proclamatioun was made by sound of trumpet at the
Croce of Edinburgh, that none under paine of death transport or
carie away the Lord Maxwell out of the countrie, in shipp or craer,
seins: the kino; and counsell was to take order with him, for the
traterous murthering of the Laird of Johnstoun, and his other
offences.
PREPARATIVES TO AN ASSEMBLIE.
The bishops used three meanes to efFectuat their purpose in the
nixt Generall Assemblie. 1. By modificatioun of ministers'
stipends. 2. By visitatioun of presbytereis. 3. By pretext of a
conference.
1C08. OF THE KIRK OF SCOTLAND. 705
BISHOPS MODIFIE STIPENDS AT PLEASURE.
The modifioatioun of ministers' stipends for this yeere was com-
mitted whoUie to the bishops. By augmentatioun they allured, by
diminutioun they weakenned and discouraged, a number of the
ministrie ; and that so closselie and covertlie, that one thing was-
pretended in publict, another alledged in secreit^
THE CRAFT AND VIOLENCE OF THE VISITERS.
The visiters appointed in the Assemblie holdin the yeere 1&02,
and for the most part preferred sensyne to bishopricks, intend a
visitatioun of the bounds assigned to them respective. But their
purpose was, to persue in everie presbyterie some articles sent from
court, but devised first at home by themselves. - They aimed
cheefelie to gett fitt commissioners chosin by the presbytereis to
the nixt Generall Assemblie. Their purpose was, to hold the
Assemblie, if they found commissioners chosin to make for their
purpose, otherwise not. Their craft was espyed,. and their visita-
tioun therefore oppouned unto in some parts, as wanting sufficient
warrant and authoritie. When the visitatioun was oppouned unto
in their persons, they propouned to the presbyterie the choosing of
commissioners to the Generall Assemblie. They terrified them
with the king's anger for oppouning to their visitatioun, but assur-
ing them, if the presbyterie would send suche men as were of
peaceable dispositioun, and gracious with the king, the king would
be content therewith, in place of visitatioun. And this was their
cheefe aime : for nather the king nor they had anie great care of
visitatioun ; never were visiters authorized before, or assisted with
the king's letters, to command acknowlegdement and obedience ; for
presbytereis ever reverenced visiters appointed by the Generall
Assemblie, shewing their commissioun,for warrant of the Assemblie.
Alwise, by this craft on the one side, and terrours on the other side
upon the bishops' part, and through the weaknesse and simplicitic
VOL. VI. 2 Y
706 calderwood's historie 1608.
of some of the mlnistrie, they gott too great advantage in the choice
of the men in some presbytereis, as in the Presbyterie of St
Andrewes, where were chosin Mr David Monypennie, and Mr
Robert Howie : in the Presbyterie of Cowper, where were chosin
Mr Thomas Buchanan ; and so furth in other presbytereis. In the
meane tyme, the worthiest of the ministrie, by reasoun of their
confynement or banishment, had no place ather to elect or to be
elected, which was an exceptioun sufficient eneugh against the
lawfulnesse and freedom of the Assemblie.
MR J. LAW HIS MINASSING LETTER TO THE PRESBYTERIE OF
JEDBURGH.
Mr James Law, Bishop of Orkney, appointed by the Assemblie
holdin at Halyrudhous, anno 1602, to visite Merce and Teviot-
daill, sent this minassing letter following to the Presbyterie of
Jedburgh : ■ —
" Reverend and weill-beloved Brethrein, — I have sent to you the
edict, to be published in your churches the Sabboth following, ather
by interchange and preaching, one in another's kirk, which were
most formall and agreeable to the ordinance of the Assemblie, or
by anie other way your wisdoms sail agree to be more meete, and
lesse trouble to yourselves. I have agreed to visite Melrose upon
the 26th and 27th of this moneth, and Kelso upon the 28th and
29th ; so it sail be verie meete for the course of my purpose and
travell, to come unto you upon the last of this instant, and beginne
your tryell the Moonday or Tuisday therafter, that is, in ray
reckoning, the secund or thrid of May. Yee will divide your kirks
among yourselves, that some may passe the one, some the other
day. Brethrein, I have givin unto you sufficient proofe, how care-
full and willing I am to beginne and proceed with quietnesse, and
to have and keepe peace with you, and the kirk there : and if yee
will expect the event of my proceeding in that visitatioun, yee sail
see, by God's grace, that my actiouns sail not charge my px'ofes-
sioun with untruthe, and that I sail endeavoure to doe all things
1608. OF THE KIRK OF SCOTLAND. 707
with your advice and helpe, to the good of the kirk, and your con-
tentment. But if yee will repyne and refuse tryell with suspicious
jealouseis, or happilie upon pride, contempt, and conscience of
guiltinesse, then I will attest your o^Yne consciences, and God the
searcher of hearts, that I sail be innocent of anie trouble and danger
that sail come upon you ; assuring you, that being authorized by
the king his command, and coramissioun of the Generall Assem-
blie, I will not stand to proceed cum Jure et potestate utriusque gladii.
Sed deus meliora. Trusting that reasoun, love of peace privat and
publict, the exemple of your fellow presbytereis, and all duetie, sail
move you, and expecting your answere in writt ; I commend you
to the directioun of the Holie Ghost, and the blessing of God in
all your counsells and callings. Edinburgh, 9th Aprile.
" Your loving Brother,
"James, Bishop of Orkney."
THE EDICT SENT BY MR JAMES LAW, PENNED BY HIMSELF.
**The commissioners appointed by his Majestic and the Generall
Assemblie of the kirk for visiting the bounds and province of
Merce and Teviotdaill, to their weilbeloved * * * executer
heerof, send greeting. Forasmuche as the necessitie of the kirk
craveth, and we by God's grace intend, to beginne with all dili-
gence the visitatiouh committed to us in the bounds of Merce and
Teviotdaill, according to the charge we have receaved to take a
particular tryell of everie one of the ministers of the kirks within
the same, the estat of the congregatiouns and presbytereis, and
to putt order, so farre as may be, to all enormiteis and misorders
that sail be after tryell found to crave present correctioun : Our
will is, that yee passe to the parish kirk of * * * and there
openlie, before or after sermoun, in the presence of the congrega-
tioun there assembled, command and charge Mr David Calderwod,
minister, or if there be moe nor one minister of the kirk of Crell-
ing, the elders and deacouns of the said congregatioun, by them-
selves, or a certan of their number, having commissioun from them,
708 calderwood's historie 1608.
to compeere at Jedburgh the secund day of May nixtocum, in the
place accustomed of the presbyterie, at ten houres before noone, to
heare and see the said tryell and visitatioun begunne and pro-
ceeded in, according to the tenour of the commissioun granted in
the said Gen^rall Assemblie. And siclyke, that yee warne and
charge all and sindrie persons, that have anie complaint against
the said minister, or anie bearing charge in the kirk, to com-
peere the said day and place, and give in their complaints and
greeves, that the same may be considered and taikin order with as
apperteanes ; and that yee certifie the said ministers and elders,
that whether they compeere or not, we will proceed in the said
visitatioun, according unto the power granted unto us ; and against
the absents, and suche as doe wilfuUie withdraw themselves, we
will use the censures of the kirk, as we are injoynned. And this
our precept yee sail cause read openlie in the kirk, affixe a copie
therof upon the most patent doore of the same, and returne the
same indorsed and lawfullie executed by you, against the day
foresaid.
" Subscribed by me, one of the visiters,
" Mr James Law,
" Commissioner of the Generall Assemblie."
Becaus none of the presbyterie assured him of their obedience
before he came, he sent a messinger upon the presbyterie day
immediatlie preceeding the tyme appointed for the visitatioun,
with a charge, assuring in his letter everie one that will not com-
peere upon Moonday and Tuisday nixt, about ten houres, with the
edict served and indorsed, that he will cans putt them to the
home : he will no more seeke aquam e pumice, nor will take in good
worth to be contemned by them, and so ludified ; praying them
alwise in the name of God, sectari quce ad pacem et ad <2diJicationevx,
and to follow their good exemple, meaning the presbyterie of
Kelso and Melrose. When he came to Jedburgh, they called in
questioun his pretended power, and some of them assured him
they would declyne his visitatioun. At the intrcatie of some
1608. OF THE KIRK OF SCOTLAND. 709
bretlirein who were willing to yeeld to his visitatioun, he delayed
the actioun till Thursday, the fyft of May. Mr Johne Abernethie,
minister of Jedburgh, (now Bishop of Cathnesse,) joyned himself
fainedlie with the declynners. All the tyme that they were in the
presbyterie could he not gett the constant moderatorship, howbeit
the presbyterie was charged by letters of horning to receave him.
To make them beleeve he meaned no fraud in joyning with them,
he told them how he dreamed, that when he was putt to the home,
he stobbed the bishop through with a rapper ; farther, he made a
burgesse of Jedburgh assigney to aU his goods, preparing himself
as he would seeme, to goe to the home. He wrote a copie of the
declinatour, which was penned by JVIr David Calderwod with
his owne hand. Yitthad he diverse meetings with the bishop even
then, when he pretended oppositioun. The bishop, on the other
side, was carefull to place him moderator, and to seclude the
declyners from the General! Assemblie ; for George Johnstoun,
minister of Ancrome, and Mr David Calderwod, were chosin com-
missioners to the Assemblie at the last synod. Therefore was the
bishop obstinat in his rigorous proceedings against them.
Upon Thursday, the fyft of May, George Johnstoun, Mr David
Calderwod, and Mr Johne Boyle, gave in their dechnatour, and
tooke instruments therupon in the hands of James Johnstoun,
notar publict, in presence of some of the magistrats and counsell of
the toun. When they gave in their declinatour, Mr Johne Aber-
nethie, to excuse himself for deserting of them, said, that he and
his brother, Mr Thomas, had beene rubbing the mater, and they
could find no scruple in it. The first day, Mr Thomas bi'agged
that he would goe to the home, and said he feared that none would
goe to the home with him. But now, at the perswasioun of Mr
Johne his brother, he was gone home to Hawick. Farther, Mr
Johne, least the honest men of Jedburgh sould take him for a
cousiner, for the shew he made of oppositioun, he protested in the
presence of the presbyterie and the honest men to this sense : —
*' Notwithstanding I submitt myself to the tryell of this visitatioun,
God lett me never see his face, if I hate not the course and
710 calderwood's historie 1608.
governement of bishops, and sail resist it, als faiTe as Ijeth in me,
all the dayes of my life."
THE TENOUR OF THE DECLINATOUR FOLLOWETH :
" So it is, beloved brother, that we have receaved a premonl-
tioun, and therafter a charge, under paine of horning, to serve an
edict sent unto us against the secund and thrid day of May, and
to be subject to the try ell of the commissioners appointed by the
Generall Assemblie holdin at Halyrudhous, 1602; and we did
serve the samine, expecting commissioners clothed with lawfull
authoritie. But when we did compeere upon the appointed dayes,
and did crave these things which are necessarilie required in a
d el egat judge, we could not see a sufficient qualificatioun, in respect
of these defects following : —
" 1. The want of a fellow-visiter, according to the prescript of
the commlssioun presented to us, he not being sicke ; and the
excuses of your collegue's absence, showed by you to us, out of his
owne letter directed to you, and dated the seventh day of Marche
last bypast, was the ministratioun of the Lord's Supper, which
presentlie he had in hand, and his unwillingnesse for the present
to be from his owne dwelling-place. Which excuses now, after the
space of seven weekes, are both insufficient and uncertane ; and
therefore we requeisted you most earnestlie to superseede the
executioun of this your commlssioun for a short space, that both
yce and we might have laboured to have caused him come conjunct
wath you ; by reasoun it is a thing verie odious and ambitious in
the nature of the thing itself, that the whole power of a Nationall
Assemblie sould be devolved over upon the backe of onlie one
ordinar pastour, that he sould not onlie by his power cognosce,
but also defyne and execute, in suche a universitle of causes through
a whole province ; for in suche maters, the expressed cace of sicke-
nesse cannot be extended to the not expressed ; nam odia sunt
restringenda, and all delegat jurisdictioun is stricta juris.
*' Nixt, the office itself is expired, since by vertue of your com-
1608. OF THE KIRK OF SCOTLAND. 711
missioun, and continuall custome of the kirk, it sould have lasted
onlie to the nixt ensuing Assemblie ; and yee yourself with the
rest held up your hands in opin Assemblie, promising faithfullie to
put it in executloun before the same ; and it is most evident, that
a long tyme therafter, by the space of foure or five yeeres fell out
that Assemblie holdin at Linlithquo, at the which, as said is, your
office did expire, and from the which yee have nather prorogatioun
nor continuatioun to shew unto us, when we craved the same.
And whereas It is alledged by you, that that Assemblie did not
discharge your said office, and consequentlie did tolerat the same,
surelie yee remaine still comptable, we confesse, but the vigour and
power of your office did at that tyme expire.
" Lastlie, yee yourself know, that through your owne default,
the halfe of the presbyterie was absent, and no parochinars
compeared, except of one congregatloun or two ; so ye could not
proceed, according to the tenour of your commissioun, to the tryell.
Upon the w^hich consideratiouns moving our consciences, and not
of contempt, malice, or feare of anie guiltinesse, we protest before
God, we are forced to declyne, and doe by these presents declyne,
from your pretended judgement, as incompetent ; readie to abide
the tryell of a lawfuU Assemblie : both humblie beseeking you, and
in the name of God charging you not to draw the prince's sword
against us, but to lett this our declinatour have the OAvne places.
Nemo enim rehellis est, qui petit quod dejure permittitur.
" And of this our present declinatour we require acts and
instruments, etc.
" George Johnstoun, Minister at Ancrome.
" Mr David Calderwod, Minister at Crelllng.
" I, Mr JoHNE Boyle, with my hand, led by the
notar underwrittin, at the penne, becaus I could
not write myself,
"/ta est, Eobertus Boyle, notarius publicus,
requlsitus, testando meis signo et subscriptione
manualibus."
712 calderwood's historie 1608.
After that the declyners went furth, the bishop dispatched his
visitatioun in the space of two houres, and procured the choice of
suche commissioners as pleased him to the nixt Assemblie, and Mr
Johne Abernethie to he accepted constant moderator of the pres-
byterie. Yitt Mr Law, the visiter, was not content till the
declynners were putt to the home that same verie night. Their
horning was registrated upon the principall letters the day follow-
ing. The registratioun in the shirrefF bookes was stayed, but not
without great intreatie and certificatioun that it behoved him to
informe his Majestic. They tooke this onlie for a boast ; but they
informed the king indeid ; and therupon was sent doun a directioun
to the counsell to punishe them exemplarlie. After some solista-
tioun of some noblemen, speciallie of the Erie of Lothian, who
dealt earnestlie with the chanceller and with the Erie of Dunbar,
at the instant sute of the said Mr David, their punishment turned
into a confynement within their owne parishes, after they had
passed from their declinatour ; but with provisloun, that the mater
sould be res integra ; that is, incace he urged their try ell de novo,
they sould be free to declyne againe. The declynners could have
no accesse to the nixt Assemblie, by reasoun of their confynement,
to give in their complaint, and the reasouns of their declinatour,
which they had in readinesse, as foUoweth : —
" REASONS WHEREFORE THE BRETHREIN OF THE PRESBYTERIE OF
JEDBURGH DECLYNNED THE JUDGEMENT OF MR JAMES LAW,
PRETENDED VISITER.
" 1. The act made in the Generall Assemblie at Halyrudhous,
in anno 1602, concerning visitatioun of provinces, conteaned a
blanke, for inserting the tenour of the edict which sould be served
at the parish kirks ; the which edict sould have beene conceaved
by three brethrein deputed by the General! Assemblie. But th^se
three brethrein never yitt mett for that purpose, and so the blanke
was never filled up. How can then the act be putt in executioun,
wanting the edict, a principall part, even to this houre ? We served
1608. OF THE KIRK OF SCOTLAND. 713
the edict sent unto us, expecting a lawful! commissioun, which we
as yitt had not discussed ; for satis est delegato asserere se esse dele-
gatum, sinon sit vilis persona, to causanie compeere, if the compeer-
ance may be cum levissimo prejudicio. But when we compeered,
we saw the imperious edict to be forged, and none in the commis-
sioun itself, where there was nothing but a blanks.
"2. The said visiter would judge by himself alone, and that
without Johne Clappertoun as colfegue, whom his Majestic had
designed in his letter sent unto him. Nixt, without the presby-
terie, professing plainlie that he would not follow the most part of
the votes of the presbyterie, when it came to the censure of anie
particular member therof. If he have offered greater courtesie
unto others, it appeareth evidentlie he has come unto its cum
cupiditate nocendi, without his collegue deputed by the Generall
Assemblie, without whom he has no power to visite, except his
collegue were sicke ; and sickenesse was not alledged. Nather
thinke we that the cace of sickenesse expressed in the act can be
extended to caces not expressed, by reasoun that all delegat juris-
dictioun is stricti Juris, and in odious maters, odia sunt restringenda ;
for sure we are that it is not agreeable to God's Word, that the
whole power of a National! Assemblie sould be devolved over upon
the backe of one simple presbyter, by which he has not onlie cogni-
tioun, but also definitioun and executioun in an universitie of causes
over a whole province of ministers : we would, notwithstanding-,
have tolerated these absurditeis, so farre dissonant from the Word,
if the Generall Assemblie had appointed him alone. We see then
in itself it is res plena odii et amhitionis, and, therefore, the cace of
sickenesse sould not be extended. But howbeit, the cace of sicke-
nesse expressed in the act might be extended to an equivalent not
expressed, yitt his collegue's letter, dated the 7 th of Marche,
conteaned no suche lett ; for it must be ^ long lasting sickenesse
and infirmitie which would, by all likeliehood, impede the execu-
tioun of the office before the nixt ensuing Assemblie, that must be
the rule and measure of the equivalent impediment. For the
visitour to say to his fellow visitour, when he has a disease that
714 CALDERWOOD'S HISTORIE 1G08.
may shortlie cease, that lie will goe vislte without him, were but to
ludifie the act of the Assemblie. Ministratioun of the Lord's
Supper, catechizing of the people, unwillingnesse to wander about,
mentiouned in his collegue's letter as impediments the 7th day of
Marche, are not an impediment equivalent to long lasting sicke-
nesse ; nor yitt had we anie warrant of impediment the secund
day of May, which was the tyme of visitatioun. As for confyning,
howbeit it were alledged and proved, yitt were it not equivalent
to the long lasting infirmitie. But the truthe is, confyning was
not so muche as alledged in our presence, farre lesse proved ; yea,
the contrarie evidentlie collected out of his collegue's letter. This
muche for the secund reasoun taikin from his singular and sole
judgement, without the collegue appointed by his Majestic, and
without the collegue appointed by the Generall Assemblie, as also,
without the conjunct judgement of the presbyterie.
" 3. We say that the office itself is expired, howbeit it might have
beene putt in executioun ; since by vertue of his commissioun,
and continuall custome of the kirk, it sould have endured onlie to
the nixt ensuing Assemblie : and he himself, with the rest of the
visiters, held up his hand, publictlie promising to putt it in execu-
tioun before the nixt AssembUe. Now, it is most evident, that five
yeerestherafter fell out that meeting holdin last at Linlithquo, which
he himself avoweth a Generall Assemblie ; yitt he could not lett
us see an act of prorogatioun from the same, howbeit we craved it ;
and the not executioun of his office before that tyme, maketh him
not to continue in the office, but be culpable of negligence for the
space of five yeeres. Nam nemo debet lucrari ex sua negligentia. The
discharge not expressed makes him onlie to rest comptable, but
the power and vigour of the office itself did at the sett tyme expire.
A moderator, or anie suche like office man, howbeit the sett tyme be
runne out, continueth till another moderator be designed ; becaus it
is a constant office, and there must be interrupta series of modera-
tors succeeding to moderators. But the office of visitatioun is pro
re nata, arbitrarie, as the Assemblie thinks good to send out visiters,
or not to send. The tyme then being sett doun by the Assemblie,
1608. OF THE KIRK OP SCOTLAND. 715
the office doctli expire at the sett tyme and day. And on the
other side, to reasoun dilemmatice, if the Assemblie holdin at Lin-
lithquo be accompted a lawfull Assemblie, therat his office of visita-
tioun ceasseth, unlesse it was renewed by the same of new again.
And if that of Linlithquo be not esteemed an Assemblie, yitt the
day appointed for the last Generall Assemblie comming, his office
of visitatioun ceasseth, or at least by prorogatiouns ; as the Assem-
blie runneth in non-entrie, so doetli his visitatioun.
" 4. Since that act made at Halyrudhous, there is a new emer-
gent reasoun to refuse him. For if a delegat suspected may be
refused, have we not just cans to refuse him, become a bishop
since that act ? for the schisme is so great at this tyme betuixt
bishops and the better sort, that everie one reputeth other adversars.
Could we then, without hazard, underly the judgement of our
adversars claming the power of a deputie of a Generall Assemblie,
that meant nothing lesse than to anne an adversar with her power
against her owne childrein ?
" 5. Lastlie, Had we not just cans to declyne him who spake
with the voice of Antichrist, the Bishop of Orkney, specking like
the Bishop of Rome, saying in his letter sent unto us, that he
would not stand to proceed against us cum jure et potestate utrius-
que gladii ? Bonifacius, the eighth Pope of Rome, of whom it was
said, intravit ut vulpes, regnavit ut leo, mortuus ut canis^ at the great
jubilee which he instituted in anno 1013, and celebrated, satt the
one day with the pontificall rob and keyes, and the nixt day with
the imperiall sword, crying, ' Ecce duo gladii hie ! ' One who hath
commissioun from the kirk ought not to imploy the secular sword,
but the judge who sent him out, finding the person disobedient,
sould take order therewith. Delegatus enim judex non habet juris-
dictionem naturalem, sed ex alieno henejicio. We cannot be compted
rebells who, according to forme and order, declyne ; Nemo enim
rebellis est qui petit quod de jure permittitur. And how can the
secular magistrat know utrum bene vel male declinatum, before the
Generall Assemblie judge our declinatour ? And how sail we have
personain standi in judicio, when the Assemblie sail hold that we
716 calderwood's histoeie 1608.
may seeke remedie against this pretended visitatioun, if we be
witholdin with registratioun at the home, or anie like impediment ;
for by that meane, all outgate is stopped to us for ever, howbeit
Ave be innocent ? But this our visiter cometh neerer his owne
words ; for non tantam ad ejus nutam, sed etiam motam, is the
prince's sword weilded against us. In his owne persoun, he had
commissioun to putt the brethrein to the home ; and accordinglie
wairded expences, directed officers to denounce and registrat upon
the principall letters intending farther. Having two swords, he
clioosed the temporall, and exercised the force therof, imitating
Pope Julius III., who did cast St Peter's keyes into the Tyber,
and take unto him the sword of Paul. He will not punishe us
himself ecclesiasticallie, but will delate us to the magistrat to be
more sharplie handled, saying, he would washe his hands of anie
harme to be done unto us. So Pilat was guiltie of Christ's death,
notwithstanding he did washe his hands, and said he was innocent.
Jam plectendi sumus non ad ejus motam^ sed etiam nutum^
The third meane of preparatioun for a Generall Assemblie was
a conference which was to be holdinat Falkland the 15th of June.
Mr James Law reported to Mr William Scot, Mr Johne Car-
michael, Mr William Watsone, that he and the rest of the commis-
sioners of the Generall Assemblie, speciallie the bishops, had moved
his Majestic to grant a conference, to the end the Assemblie may
beginne and proceed the more orderlie ; and to that effect, his
Majestic subscribed a release from their confynement to the 20th
day of June. There was a reproachefull claus in the licence, viz.,
that they were unworthie of anie suche favour ; that their presence
was not necessar ; that in hope of resipiscence, licence was granted
to them to be present at that conference. Mr Law excused the
mater the best he could, and so they yeelded. The bishops tooke
occasioun of appointing the conference, by a challenge or offer
of disputatioun made by some zealous and learned ministers resi-
dent in the west end of Fife. The tenour of the offer foUoweth: —
1G08. OF THE KIRK OF SCOTLAND. 717
THE ministers' OFFER OF DISPUTATIOUN.
"We, the ministers of Jesus Christ, defenders and favourers of the
discipline of the Kirk of Scotland, professe and declare, that the said
discipline and governement, as it is appointed by the kirk, ratified in
Parliament, commanded by authoritie, subscribed and sworne by the
pastors and professors of the kirk within this kingdom, and accord-
inglie receaved and practised these fiftie yeeres within the same, is
most agreeable to the Word of God, and most convenient to
continue and stand with the civill governement of this kingdom.
And for defence heerof in the feare of God, Christian modestie, and
brotherlie love, offer to our brethrein, commissioners, voters in
Parliament, by evidence of reasoun and warrants of Scripture, to
mainteane and defend the same, against whatsoever they can object
in the contrare. And for this effect, earnestlie desire a free con-
ference to be appointed and keeped, under the conditiouns fol
lowing : —
" 1. That the defenders of the said discipline may have apublict
warrant and protectioun from his Majestic and counsell for per-
formance of that conference.
" 2. That they may have a free choice of the persons to whom
they sail committ the maintenance of their cans in the said eonference.
" 3. That the partie opponent sett doun in short and cleere
articles, the points wherin they dissent from us in the said discipline,
and deliver the same in writt to the said presbytereis a reasonable
tyme before the first day of the conference.
" 4. That (for remembrance, eshewing of confusiouns, ydle dis-
courses, mistaikings, calumneis, and cavills that may fall out on
either side) all questiouns, arguments, answeres, replyes, and con-
clusiouns that sail be treatted in the said conference, may passe by
writt, and be subscribed by both opponents and defenders.
" 5. That it sail be leasome to them that are chosin to reasoun
for the parteis, to take counsell and advise of anie of their brethrein,
in anie perplexitie, or particular occurrent difficultie.
718 calderwood's historie 1608.
" 6. That whatsoever sail be treatted and agreed upon in that
conference, to be delivered to the presbytereis ; and after they have
advised the same, to the provincialls, and then to the Generall, one
or moe, there to be fullie treatted, and finallie concluded."
THE GREAT CONSIDERATIONS AND JUST REASONS MOVING THE
DEFENDERS TO ilAElE THIS OFFER TO THEIR BRETHREIN FORE-
SAID ARE THESE :
" 1. Becaus they are certanelie informed, that some of their
opposite brethrein have not obscurelie professed to honourable
professors of all estate, that howsoever they have beene of one
judgement and practise with us in tyme by past, now, by a cleere
light which has shynned unto them in their late studeis, they have
found out their former errours, and are perswaded, that the episco-
pall govemement and jurisdictioun over their brethrein, which has
beene, and is condemned as unlawfull by the Kirk of Scotland, is
the ordinance of God ; which, if they can cleerelie demonstrat by
prooffe of Scripture in this desired conference, they sinne against
God, their owne soules, and the salvatioun of their brethrein, un-
lesse they communicat their light with them, that they might walk
in it. Otherwise, it were against all honestie and conscience to
them, to depart from the present discipline, wherunto they are
bound by the great oath of the Lord, the reasons wherof they are
not ashamed to avow and professe before the world.
"2. In the heate of these contentiouns, the hearts, tongues, and
pennes of Jerusalem's watchemen, are turned from the enemeis of
the truthe, and like rasours, sharpenned and sett ilk one against
another, and nather ordinarie and free ecclesiasticall meeting, nor
wise men to be found amongst us, to putt us in remembrance that
we are brethrein, the salt of the earth, and light of the world ; but
over manie of all sorts, to adde fresh fewell to the flamming fire of
our distractiouns, whereby we and our professioun are hurt, to the
great joy and encouragement of our enemeis : which evills, and
others that may fall out in cace of continuance, by the mercie of
1608. OF THE KIEK OF SCOTLAND. 719
God, in this conference may possiblie be prevented and re-
medied.
*' 3. Faithfull and unblamable ministers are partlie pressed doun
by the burthein of so manie great reproaches, as if they onlie were
the troublers of Israeli, and traduced to hold and mainteane ana-
baptisticall opiniouns; and partlie have their persouns wairded,
and their livings restrained, against whom no occasioun can be
found, except concerning the caus of discipline, and governemeut
of the kirk. And it were ridiculous, if the ministers of God in
suche caces sould, like barnes, lay their hands upon their hurt
place, and cry, ' Alace !' and in the meane tyme ceasse to seeke
the lawfull remedie.
"4. It becomes no wise the ministeriall calling to keepe secreit
the truthe wherof they are perswaded ; and when their professioun,
or anie part therof, is brought under suspicioun, or impugned by a
cowardlie kinde of silence, to betray the caus, which they beleeve
sail stand good in the day of the Lord Jesus.
" 5. The orders and proceedings of our kirk are taxed and carped
within and without the countrie, by unfreinds and enemeis to the
governement therof; and by the present distractiouns we are so
keeped at under, that nather have we occasioun, nor safeUe darre
we answere, calumniators and oppositiouns.
" Protesting, that if the said commissioners and voters in Parlia-
ment, now commounhe called bishops, sail happin to refuse this
modest offer, and most reasonable conditiouns therof, notwith-
standing of the important reasouns propouned heerin by the said
ministers, defenders of the discipline and governement of the Kirk
of Scotland, that in that cace, the said disciphne and governement
be reputed and holdin godlie, wise, and peaceable, and stand
unquerrelled whill they be lawfullie and orderlie heard ; and that
their brethrein according to their credit use the same, as they will
answere to God and his kirk, for restoring of the ministers to their
liberteis and livings ; to the effect that all in a brotherlie concord
may serve God, honour the king, and with a pastorall care and
endeavoure procure the weale of Christ's kirk within this realme."
720 calderwood's historib. 1608.
MR J. MELVILL'S letters TO THE CONFERENCE.
Mr James Melvlll mislyked this challenge, as may be seene by
this letter following, directed, as appeareth, to Mr Johne Dykes : —
" Kalend. Junii.
" Ml Flli, — Your letters, for informatioun, full of love sweete,
and zeale fervent, have refreshed me verie muche, and the more
becaus I was thristie. As for the challenge for a disputatioun, I
like it nather cumming on your part nor theirs, if it could be
eshewed, for the reasons following : —
" 1. They challenge the dispute as seeking the vantage, being
out of possessioun ; and have not the right publictlie declared and
approved, which we have, and are seeking fast to undoe ours ; and,
therefore, move disputatioun wherin they meane to be sett in the
brunt of the battell against the Ammonites, English doctors, that
reteiring and yeelding, Uriah may be slaine. So did the Lesleis
with the good Regent, the Erie of Murrey, at the feild of Correchie,
and would have undone him, if he, with fewer than an hundreth of
Fife gentlemen, had not receaved them on the points of speares.
Vide Buchan :
"2. Disputatioun has never edified where true religioun was
once planted, but, on the contrare, ever cast doun and destroyed ;
becaus it is moved by the enemie, breedeth contentioun et studia
partium, which perverteth ingynes, blindeth the judgement, and
maketh the wiU obstinat and refractorie, namelie, of them that are
caned after errour. Exemples, the disputatioun in France, Ger-
manic, Helvetia, and the whole contentiouns, councels of Arrians,
Novatians, Donatists, where after suche disputatiouns, hereseis
were concluded. Remember namelie the late disputatioun at
Hampton Court, and of Monsieur de Plesse with the Bishop of
Evreux.
" 3.. If disputatioun upon the discipline with bishops or English
doctors, why not upon the doctrine with all the Papists, als fast
1G08. OF THE KIRK OF SCOTLAND. 721
challenging as they, and thereby finding a good entrie, will preasse
fordward ? Both is tlie doctrine of Christ, and we have the like
warrants of God and man for both.
" 4. Lett them show reasouns why they preasse to alter the present
discipline, and depart from us ; and its reasouns, I say, suche as
are weightie and relevant, that may jiistlie move us to doubt with
them ; otherwise to be esteemed as apostats at the least, wrocTc/.r^g
hi arruAiiav zai firj 'XiCTiug iig -^uyn^g.
" 5. '^IhciY jur amentum de calumnia vel veritate would be required,
whether if Balaam like minded, honour and wealth offered be, etc.,
make them to seeke new consultatiouns, seeing God Jehovah has
cleerclie manifested his will theranent, and they have professed,
pueached, sworne, and subscribed it; or rather, lett them be putt
to the cognitioun of an assise of the just, godlie, honest, and wise
of the land.
" 6. If equall disputatioun, Avhy is the Kirk of Scotland used like
Samson by the Philistines, intised to sleepe on the knee of Dalilah,
till the seven lockes of his haire, wherin lay his great strenth, are
cutt off, and then wakenned with a shout, that the Philistines are
upon him to combat ? Lett Samson's lockes grow again, and then
come on.
" 7. If a disputatioun, there must be judge and partie who will
be judge, but the prince or mianiest votes of a Gcnerull Assemblie
dressed for the purpose. Who partie ? If furainers, who called
them to dispute against the established order of our kirk, more
than against our kingdom and commoun weale ? or who can suffer
it, that is a Christian true Scotish man ? or what have we to doe
more with them now than these fiftie yccres bypast ? If some of
our owne ministrie, if they be a true and right partie, against us
they must be traterous, mansworne, apostats indeid, qidbus ^aCdu
cxcommunicationis jyotius quam disputationis hia7.iyi<]/j.u opus est.
" 8. If disputatioun, then lett it be so manie yecres, and in the
same forme, that the discipline w^as concluded and established in
Scotland, viz., by the space of six or seven yeeres, and never an
article or conclusioun therof passed, nisi o/xiilv/j.adov, by the commoun
VOL. VI. 2 z
722 calderwood's histokie 1608.
votes and uniforme consent of the whole Assemblle, secundum regu-
lam illam juris, ' Nihil magis naturale quam unum quodque solvi
eodem modo quofuit ligatum.^
" 9. If the mater must be decided by a plaine fight in sett
battel!, lett us make the challenge against the English bishops, and
fight it in the middest of England, and not in Scotland ; becaus
that one has beene so throughlie subdued to Christ, that other, yitt
never. So if we be victorious, Christ sail fullie there raigne also ;
if repulsed, it sail be easie to renew our feild with better encourage-
ment : wheras an unreparable overthrow might be givin in Scot-
land, wheron suche a Komish revolt may ensue as never again can
be repressed.
" 10. FinalHe, if disputatioun were sought and undertaikin can-
dide, hoiiajide, sincere, et veritatis solummodo hidaganda causa, and in
a word, simjjlie, for edificatioun, and not subtillie, for distractioun,
then suche as doubted might in all love, and gentlenesse, and long-
suffering, be travelled wdthall for their instructioun and resolu-
tioun. But being done pretendlie, politickhe, yea, and deceatfullie,
when as the conclusioun is alreadie layed and determined, and the
raeanes and middesses to atteane thereto painfullie devised, plotted,
and dressed, it were a foolish and unadvised exponing of the cans
to wracke, to yeeld to a dispute, albeit even in a Generall Assem-
blle, to lett be to challenge the same by anie sort of provocatioun.
As for anie new law or constitutioun, if equitablie and orderlie they
proceed, I am not aifrayed therof : if subtillie, and by force of
authoritie, the truthe is ever the stronger, and the caus the more
advantaged ; for, as ever before, so now, Christ by suffering sail
prevaile, and be victorious.
" These reasouns, and others that of good consideratioun may
arise therof, I would have the brethrein to expend."
When this advice was sent by Mr James Melvill, the bruite
went, that some English doctors were to be sent to dispute, wher-
unto sindrie heeds of his advice have a reference. When he heard
that the conference was appointed to be holdin the 15th of June,
he sent this letter and advice following: to the sincerest sort of the
ministrie called to that conference, as foUoweth : —
1G08. OF THE KIRK OF SCOTLAND. 723
" TJie Spirit of grace, of wisdom, and upright judgement, he present
with you at this tyme, and for ever.
" Brethrein, having understood by the bearer of a conference
indicted, and some little of the purpose therof, I have thought good
to communicat with you my rude meditatlouns theranent, trusting
yee will take them in good seasoun, albeit I know, farre inferiour
to the greatnesse of the mater, and your cleere insight.
*' Yee are not ignorant what has beene the event of diverse
colloqueis and conferences in maters of religioun, leaving maters in
worse estate, wherupon has followed alwayes greater disturbance,
with greater inimitie and trouble, as witnesseth Colloquium Passia-
cenum in Gallia, anno 1561, wherin Beza and Martyr were collo-
quitors for our part. Item, Colloquium Maulhroanense in Palatinu,
anno 1564, wherin Ursinus and Olenianus were colloquitors on our
side against Jacobus Andrese, and his complices. Item, Colloquium
Malpengardense, anno 1586, inter ministros Genevenses et Jacohan
AndrecB, and his complices ; and latelie, we remember the event of
Colloquium Fontenense, betuixt Monsieur du Plessis and the Bishop
of Evreux. Siclyke the conference at Hamptoun Court, betuixt
Doctor Reynolds and his fellowes, and the English bishops, wher-
upon followed the triumphe of Barlo. And if I remember aright,
Gregorius Nazeanzene sayeth, ' Nunquam se vidisse bonum eventum
ex conciliis durante schismate in ecclesiaJ The remembrance
wherof, I doubt not, by the mercie of God, sail make you the more
vigilant and circumspect in this like cace, especiallie this, proceed-
ing from an higher power, cujus finis est victoria plus quam Veritas.
" The end of this conference, I understand, be twofold ; for
Papistrie, and for disciplinarie controverseis. In my judge-
ment, we must not looke so muche to the proponers of both, as to
the cheefe and higher Disposer of all, who onelie is able out of
darkenesse to bring light ; which, as I am thinking what is the
caus that for maters of Papistrie, they sould seeke your advice and
assistance, they having in their hands the managing of all these
maters of a long tyme, with power and authoritie, secluding you
724 calderwood's kistorie 1G08.
sometimes, also crossing you in these efFaires, I conjecture two
ends ; the one, ad delendam ignominiam conoentus Linlithquoensis,
"wherin great things were proponned, nothing prosecuted.
Secundlic, the mater being of greatest weight, careing with it
hazard of liatred and evill will from tlie greatest force in this land,
Avhat reckes if you gett your burthcin heerin also, as having no
burthein on you alreadie ? But I ccasse to searche the intentiouns
whatsoever they be. I trust, in that part yee sail be found no
Papists. As for the overtures against them, they are plaine and
manifest to all, by proceedings of the former tymes onlie wanting
executioun ; Avhich defect must be layed and urged upon bishops,
Avlio have the power in their liands. Amongst these overtures, I
doubt Jiot but yee remember cheefelie upon the commoun band
and Confessioun, anno 1580, which yee know Avas a fundamentall
ground layed against Papists. Lett this be now renewed, and
cheefelie urged to be subscribed by all ; which if it could passe
through all, and by all, as it was first devised and commanded,
yee know the good eflPect it might eifectuat. The rest of the
overtures, I doubt not, but will be readie at hand to you, tlie
executioun wherof must be urged upon bishops and commissioners ;
and I Avould wishe that they were so furiouslie stirred uj^ against
the commoun enemeis, that they would beginne to relent in these
civill warres. But it is to be feared, that, according to the skillfull
art, like fencers, they mint at one, and strike at another part.
" As for the other anent maters of discipline, shortlie, I take up
two things to be necdfuU in my judgement ; the one for prepara-
tloun, the other for actioun.
" 1. For preparatioun. Lett that first be remembred, which
never has beene forgottin in the first rowme in like caces, to witt,
an humiliatioun and fasting to be urged in your conference with
Bishop Law, that it being intimated to him, he may travell to
make it publict and generall ; which I know Avill not worke on
their part, yitt sail it be needfull that yee discharge your conscience
in so needfull a point to him. But lett it be urged on your part,
in all prc^'bytcreis Avhere it may be had publict ; and where it
1G08. OF TiiE kiuk: of Scotland. 725
cannot be liad publict, that it may be liad privatiic amongst the
faithfull, and favourers of discipline.
" 2. Preparatioun. To give advisement to all presbytcrcis of
the purpose, partlie to remove jealouseis that may arise ; partlie
craving their overtures, advice, and counsell, Avhich may be done
with significatioun of the fast.
" 3. Preparatioun. Propositiouns to be propouned conteaning
the grounds of the discipline of our kirk, and backed by Scripture,
constitutiouns ecclesiasticall, perpetuall practice, etc. Which
propositiouns ather may be extracted out of the Booke of Disci-
pline, or then, according to the same grounds, cleered by new
diligence, wherin standeth prcBcipuum momentum, causce.
" For the actioun itself, these things I thinke necdfull :
" 1. That yee have amongst yourselves your privat meetings,
and a moderator privatlie to be chosin amongst yourselves, for
concert, harmonic, and good order.
" 2. The warrant of your meeting to be required and produced
publictlie for your securitie, and the authentick copeis therof to be
keeped for your warrant.
" 3. Seing at pubiict meetings for the same caus, brethrein have
beene snared, as latelie yee remember the event of the evocatioun
and late conference of the brethrein at Londoun ; and latelie at
home by the exemples of Mr William Row and Mr Henrie Living-
stoun; and theexemple of Mr Johne Murrey not unlike, preaching
at a publict assemblie, and ratified by the same assemblie, and yitt
doeth he suiFer for it. For these causes, I thinke it Avere needfull
yee sould crave securitie for youi'selves in this part, that this con-
ference breake not out upon a new querrelling and troubling you
for your sincei'e meaning and free defence of the caus, as the
exemples passing before. And this point is not lightlie to be past
over, which I recommend to your consideratioun earnestlie.
" 4. It were most needfull to urge that the conference be full
and free ; full, by recalling the cheefe members absent, which ear-
nestlie and urgentlie is to be insisted upon, I meane of the absents ;
and if this cannot be obteaned, to urge the presence of Mr James
726 calderwood's historie 1608.
Melvill at Ne wcastell, the necessitie heerof to be delated. Slclyke,
it is requisite that the persons be of free choice on your side in a
free caus concerning all ; for reasoun craveth, and daylie practise
sheweth, that everie partie chooseth their owne coUoquitors.
" 5. No conference to be yeelded unto but by writt under the
hands of two faithfull writters, for the which I thinke Mr Johne
Kinneir and Mr Johne Eow were the meetest. And this is the
verie cheefe and principall mater to stand upon, that it being refused,
I thinke the conference can worke no good effect. Exemples are
recent.
" 6. If it be granted, these things would seeme necessar : 1.
Make statum questionis cleere, which ever has beene obscured and
disguised in tymes bjpast. 2. To agree upon grounds of reasoning,
the cheefe ground to be the Word of God, the onelie ground con-
descended upon and receaved against Papists, together with the
practise of the Christian, apostolicall, and primitive kirk. But this
I need not to insist in. I feare it sail have no use at this tyme.
But incace it come to anie actioun, verball or reall, one thing is
most needful], to witt, a protestatioun to be made, that nothing
done, or to be done on your part, may prejudge the publict caus
apperteaning to all, &c.
" Heere I rest, craving pardoun for my importunitie in writting,
and for these rude deliuiatiouns. The rest I remitt to the bearer,
and recommend you and this whole mater to the blessing of the
Lord Jesus, everlasting King, Governour, and Protector of his
Kirk."
MR D. Hume's letter to mr james law.
The brultc of a disputatioun, and the craftie and violent pro-
ceedings of some commissioners of the Generall Assemblie aspyr-
ing to bishopricks, or alreadle advanced, moved a worthie gentle-
man, no lesse zealous than learned, Mr David Hume of Godscroft,
brother to the Laird of Wedderburnc, to writt this letter following
to Mr James Law, now styled Bishop of Orkney : —
1608 . OF THE KIRK OF SCOTLAND. 727
" TO THE RIGHT HONOURABLE THE BISHOP OF ORKNEY, ONE OF
HIS majestie's privie counsell :" — and within,
" To my beloved Brother, Mr James Laiu, Preacher of the Evangell
of Christ at .Kirhlist07i."
" Right unfainedlie, loved brother in that onlie true love and
fellowship that is in Christ, (unknowne otherwise and unconsider-
able,) I protest in his presence to whom my onlie heart's desire,
intentioun, and butt is, that I may approve myself in the inward
of my conscience, and outward of my words and deeds, and all
maner of conversatioun, with suche as carie his name, that out of
the bowells of a true afFectioun doe I give you both these styles.
The one, that yee may see how farre I am from all superstitioun,
and anie thing that may seeme ceremoniousnesse in the use of words,
and how little invyous of whatsoever honour his Majestic thinkes
good to bestow, or yourself thinkes may be accepted. The other,
not to dissemble what in my judgement I esteeme the rightest use
of words, Avhat to be your greatest honour, and what still most
beseeming the persons yee carie ; otherwise, so farre from all con
tentioun anent things anie wise tolerable, for interteaning privat
freindship, lett be of commoun peace, that I wote not if I even
inclyne unto the extremitie. Therefore I have beene greeved, the
rather, (and more and more greeveth it me,) if for triffles and
maters indifferent, and of no importance, (which being indifferent
might on either, and ought to be on both sides comported,) so great
disturbance be comed in this church, so great distractioun of
mynde ; the one part troubling, the other troubled ; the one part
greeved, the other greeving ; heart-burning or offence givin or
taikin, reproaches by way of apologie or objectioun uttered, or
throwne backe abundantlie, and what not, increassing and like to
increasse, that may give mater of rejoicing to the commoun enemie,
yea, opin the gate to his returne and peaceable repossessing, so
easie, that (may I not say ?) if Satan himself had made that
728 CALDERWOOU'S HISTORIE 1C08.
for his vcrle butt, he coukl not out of his craft, nor no instrument
of his ever durst (out of the estat of things, and favour which is
in this countrie yitt, praised be God, toAvard the present reh'gioun)
have taikin a more direct course, nor shorter and more compen-
dious way ; that whoso can thinke that he has not adoe with these
maters, that they belong not to him, that he can be content to see
them goe wluit ever way, that man can thinke also he has not adoe
to be citicen in that citie, nor houshold man in the hous of God :
tliat man can thinke, that the misorders, disturbance, yea over-
throw of that hous, tuicheth not him ; can be content that the
enemie prevaile against it, and turne all things upside doun in it.
Others must needs take things, have regarde in their mindes, in
their thoughts, in their speeches, utter at oecasioun and everie way
(as farre as to everie one belongeth) doc, that may bring helpe to
the turne, or resolution to themselves.
"Heerefore it was, that at our last meeting in Dunce, I uttered
unto you (as little leasure served) some things of my opinioun ;
and sensyne, finding the sounds of our opinioun so farre different,
have bcene desirous to have had more conference. But not
having leasure, nor knowing when nor how to have leasure con-
curring to us both, so muchc as were requisite for that turne, I
have, out of our old familiaritie, taikin boldnesse to communicat to
you by this present freelie and freindlie, what I thinke on the one
part ; and crave of you your free and freindlie declaratioun of your
judgement, and reasouns moving you on the other part, (if yee bo
indeid on the other part,) wherin I pray you assure yourself, T am
farre from all intentioun, ather of tempting or contending, or what
ever evill meaning ; but a verle simple scarchc of the truthe in all
modest and sober maner, as yee then desired, that ather I may bo
instructed this alteratioun in our kiik governement from the accus-
tomed forme, to the ofHce of prelaceis and superioritels, appearandlic
sought to be brought in the kirk, to be fittest, law full, and most
expedient for the weale of the kirk of God heere, and so, may
willinglie hcnre and see them brought in, which who would not
willinglie doc ? I nieane, Avho would not willinglie see suche honour
1608. OF THE KIRK OF SCOTLAND. 729
and profile brought in the kirk, being in possibilitie to atteanc
therunto, ather themselves or some of theirs ? What coukl stay a
man that might in good conscience injoy them ? I compt them
mad, that wouki not from their hearts wishe and further them. Or
ellis, yee may with me Avishe, and als farre as lyeth in you pro-
cure, the continuance of the present governement, receaved with-
out alteratioun, diminishing, or restraining therof, (if that be onelie
kiwfuU to us, and most for the weale of the Word and religioun
professed ;) and give a fairweill to all these glances of honour and
profite, if they cannot but with dishonour and unprofitablenesse to
the religioun be possessed. For this effect, to come to the point
without all ambiguitie, I have sett doun my judgement or my
errour.
" First, The discipline receaved, confirmed by the acts of par-
liament, and which we sware in the king's Confessioun, universallie
subscribed, may not now lawfullie be altered, in respect of the said
oath.
" Secundlie, That howbeit the said oath, nor no act or other
band did impede, but that it were in itself lawfull, otherwise indif-
ferent and alterable, yitt were it not expedient to alter it ; and
beino- to greatest use, and most for the weale of the Kirk of Scot-
land, and religioun professed therin, of anie forme of discipline used
in Europe beside, it eeking thereto the use alreadie receaved, not
fitt (as things are) to be changed.
" Thridlie, Tlie most part of all these ordinances appointed at
Linlithquo, of jModerators of Presbytereis, Synods, and Generalls,
are manifest oppugning and derogatioun of that discipline ; and
they no more to be admitted, nor the discipline to be subverted ;
no more, I say, lawfull, in respect of our oath, nor profitable in
respect of the use ; and muche lesse the office, as it is accepted in
parliament, without anie limitatioun or restrictioun.
"Fourthlie, That the oflfice of bishops, so usurped, is ather
ao-ainst, or by and beside the Word of God; and so unlawfull in
the self.
" Fyftlie, Putting the cace that all were otliervvise ; that the
730 calderavood's histoeie 1608.
said office of bishops were lawfull, the moderators, siclyke the dis-
cipline lawful! to alter, and fittest to be altered, yitt your proceed-
ings with them who are in the contrarie opinioun to be verie hard,
and suche as I wait not, if they may susteane in a just tryell the
name of lawfulnesse. Give me leave to call them your proceed-
ings, (I meane, yours of the bishopricks,) since it is ather your-
selves, or by your instigatioun, that things are compted done, since
yee are the cheefe instruments in them ; and what so seemeth to
be done in his Majestie's name anie thing hardlier, it is onlie done
for the advancing of your estats ; and the hardnesse therof is inter-
preted yours, in this farre at least, that yee consent thereto ; yee
consent, I say, in so farre as yee doe not impeshe it to be done by
minasses, by feare of losse of living and libertie, by votes and con-
sents extorted by these feares, till suche tyme as there had beene
some evidence to perswade the conscience freelie to allow of things,
and gladelie to accept them, as best and most expedient ; which I
can hardlie thinke that anie would refuse, if it could be made
cleere : and it is» hard to compell a conscience even to that which
is just, before it be perswaded that to be just ; and that, therefore,
if yee were perswaded, and your owne minde were never so through
anent the foure former points, yitt were it conforme to wisdome,
and better for your owne estat, to proceed in a calmer sort, with-
out anie kinde of minasses or compulsators ; at least, to assay first
all kinde of demonstratioun to cleere things, and lovingnesse to
winne.
" Sixtlie, I may say, as a Scotishman to you as a Scotishman,
and, I trust, not without some regarde unto your native countrie,
and to whom some charge of it is givin, these maters of alteratioun
of discipline 1 take to be verie unprofitablie handled for this coun-
trie of Scotland, more unprofitablie to be prosecuted, and most
unprofitablie of all to be effectuated, as a verie step which can
hardlie (at least in some of his Majestie's successours) but come to
a pre-eminence of that other countrie beyond it, yea, a tyrannizing
over it.
" Seventhlie, It is not unseeming that (as a subject of his Majestie
Weill affected) I signlfic unto you, Avho has the honour and burthein
1608. OF THE KIKK OF SCOTLAND. 731
of being his counscller, and owe to his Majestie as a care of fore-
seing, so a regarde to weygh also Avhat is best for him, I sould not
dissemble with you this my flatt opinioun, that in all good policie,
by anie divine or humane rules therof, the fittest, first, and best
course for his Majestie's effaires, keeping them in a good frame
solidelie Avithin his dorainiouns, and ever advancing his dominiouns,
(if he list sett himself that way;) at least, to have greatest power
and credite of understanding, doing, and framing effaires to his
contentment out of his countrie, (if he would goe no farther,) were
to frame the estat of the kirk governement in England to the forme
of this countrie, even fuUie in all points. Nixt to this, (but farre
nixt, and farre inferiour,) were to reteane both in suche order and
frame, as they have beene since they were sattled in religioun, as they
were confirmed heere by acts of parliament, before these questiouns
were moved, and as they there ballanced by the wisdom and
moderatioun of their late queene, of worthie memorie. Which
things if they be thus, (nather are they my singular opinioun, as I
am sure yee know, but of all the truelie affected to religioun, and
that take anie compt of religioun in this part of the yle, except
particulars caried by particulars,) how farre we sould be from these
alteratiouns or innovatiouns in the discipline. If they be not thus,
I will not be ashamed to correct my judgement, nather sail yee
need to trouble yourself with manie words. Paint the grounds
bare as they are, without decking or rhetorick, we will soone ken
if there be anie solidenesse in them.
" Yee see how plaine I am. I will looke for the like plainnesse,
and will promise you sinceritie in anie cace, assuring you my
meaning sail be onlie the weale of the kirk, and our native soile,
with his Majestie's honour, and als muche contentment as to anie
suche meane subject can perteane, and as duetie will crave, or
possiblie can admitt ; which if I would gladelie doe and procure.
He knowes who knowes the hearts. Remitting you and all to
him, and remaining as of old,
" Yours, ather favouring for good, or sorrowing for wrong
courses ; but in love,
"June 7, 1G08. Mr David Hume of Godscroft."
732 calderwood's histokie 1G08.
MR J. MELVILL EEFUSETH CONFERENCE WITH THE BISHOP OF
GLASGOW.
Mr Joline Spotswod, Bishop of Glasgow, returned from court
about the 12th of June, but visited not Mr James Melvill at New-
castell by the way. It is true, when he Avent up to court, he sent
Mr Peter Hewat and Mr Robert Cornwall to him, to crave con-
ference. Mr James refused, becaus he had left the right course,
and followed the world ; was seeking pre-eminence and advance-
ment, with the overthrow of the cans which he once professed.
They replyed, that agreement was best, in respect of the couimoun
enemie, the Papists, increassing in number and strenth. Mr James
rejoynned, that the onlie Avay to take away discord was, that these
who were called bishops, and their favourers, would returne again
to the right course, for there was no discord in the Kirk of Scot-
land before their defectioun. As for Papists, it was no mervell to
see them increasse and Avaxe bold, when as ministers turne to
Poperie ; for I have heard it often preached in the pulpits of Scot-
land, that Episcopacie was Poprie, and that it could not be main-
teaned by other arguments, nor suche as proved the Pope's
supremacie, and the hierarchic. He desired them to commend him
to Mr Johne Spotswod, sometyme his schollar, and to pray him to
weygh that sentence of Bernard, " Christos duos habet individucs
comites, humilitatem et paupertatem, quos cum hujus temporis episcopi
penitas excludent, non sponsi amicos, sed hostes se profitcri"
THE CONFERENCE AT FALKLAND.
Upon the 15th day of June, the conference was holdin at Falk-
land. The bishops had their ends and respects different from the
ministers ; for it was in their power to appoint, hold, or dissolve
at pleasure, as they could see their owne vantage. The bishops,
and the rest of the commissioners of the Generall Assemblie, con-
vcened in the chappell of the palace. The ministers comming
1 608. OF THE KIEK OF SCOTLAND. 733
from all quarters, conveened in the kirk of the toun, and choosed
INIr Patrik Simsone, minister at Stirline, to be their moderator.
By prayer and conference they tasted a little of the sweetnesse and
con fort of their old meetings. In end, they agreed upon some
articles to be givin in to the bishops and commissioners, for concord
and peace.
1. That the cautiouns of the Generall Assemblie sould be insert
in the bodie of the act of parliament made in favours of the bishops,
and that they be censured accordinglie, as was craved by the com-
missioners of the Generall Assemblie, at the parliament holdin at
Perth, where the said act was made.
2. That the discipline and governement of the kirk practised,
established, sworne, and subscribed unto, stand inviolable.
3. That the Assembleis generall and provinciall be restored to
tiicir old integritie, as most efFectuall meanes to beare doun the
cnemeis.
4. That the banished and confynned brethrein, God's falthfull
servants, be restored to their owne places and llberteis.
These articles were propouned gravelie by Mr Patrik Simsone,
in name of the rest, to the bishops, and the rest of the commis-
sioners of the Generall Assemblie. They seemed to like weill of
them, but say they, " It behoveth to conferre and agree upon them
at the nixt Generall Assemblie, that his Majestic may be the rather
moved to consent to them :" and so they shifted the mater. Yea,
they obteaned the ministers' consent to the articles following,
partlie under shew of peace, partlie under shew of danger ; for they
pretended they Avere desirous that the nixt Assemblie might be
keeped peaceablie, with the king's licence and good lyking, which
could not be obteaned, unlesse these articles were yeelded unto.
On the other side, Mr Johne Hall certified the ministers, that the
Erie of Dumbar, with the English doctors, and a great number of
old and new made erles, lords, and knights, were comming doun,
prepared to overthrow the discipline and governement of the kirk
Avith one blow, at the nixt Generall Assemblie. This was but a
fained taile, to make the ministers to consent to these articles ; for
734 calderwood's historie 1608.
the event declared they came not for suche end, nor with anie
hope to efFectuat suche a purpose.
ARTICLES AGREED UPON BY THE BRETHREIN CONVEENED AT
EALKLAND, THE 16tH OF JUNE, 1608 ; AND BY WAY OF ADVICE
RECOMMENDED TO ALL THE PRESBYTEREIS WITHIN THE KING-
DOME.
1. That the questiouns presentlie standing in controversie among
the ministers anent the maters of governement, be untuiched and
unhandled on either side, till the nixt Generall Assemblie ; and no
occasioun givin, by privat or publict speeches, of anie farther dis-
tractioun of mindes ; but that all, by good countenance and
otherwise, kythe themselves to others as brethrein, and ministers
of Christ ; setting themselves with their endeavoure, speciallie in
doctrine, against Papists, their superstitious religioun, and proud
pernicious practises.
2. That the Generall Assemblie hold at the tyme appointed,
which is the last Tuisday of Julie ; and that his Majestic be most
humblie intreated for that effect.
3. In the said Assemblie, the commoun effaires of the kirk sail
be handled, and an accompt of the coramissiouns givin in the
Assemblie preceeding ; and some solide course advised upon, for
disappointing the practises of the enemeis, and the advancing of
the Gospell of Jesus Christ.
4. That nothing which is in controversie, and makes strife in
the kirk, be treatted in the said Assemblie, but the same be
conferred upon in a privat conference, by suche as the Assemblie
sail appoint, to prepare a way for composing these differences ; and
the Assemblie to appoint a meeting of brethrein at suche tymes,
place, and maner, as they thinke fitt for that effect.
5. That requelst sail be made to his Majestic for relaxing the
brethrein that are confynned, and speciallie suche of them as have
beene present at the conference, that they may keepe the said
Assemblie.
1G08. or THE KIIIK OF SCOTLAND. 735
DUMBAR COMMETH FROM COURT.
About the end of June, the Erie of Dumbar came doun with a
commissioun of lieutenantrie for the north parts, and two doctors
with him ; Doctor Abbots, Deane of Wencester, and Doctor
Higgins of Ripole. The noblemen, barons, and counsellers that
were in Edinburgh, went out to accompanie him in to the toun.
So he entered in Edinburgh upon the first of Julie, with a great
traine. The chanceller, then proveist of Edinburgh, the baillifFes,
and manie of the citicens, mett him at the Neather Bow Port. It
was spokin broadlie, that no small summes of money were sent doun
with him, to be distributed among the ministers, and sindrie others.
The English doctors seemed to have no other directioun, but to
perswade the Scots that there was no substantiall difference in
religioun betuixt the two realmes, but onlie in things indifferent,
concerning governement and ceremoneis, which might stand weill
eneugh, without anie danger of faith or salvatioun ; and to shew,
that it was his Majestie's will, that England sould stand as he
found it, and Scotland as he left it.
Doctor Maxie, one of the king's chaplans, came by sea. When
the English doctors came to St Andrewes, Mr Robert Howie, a
man of a seditious and turbulent spirit, declamed against the disci-
pline and governement of the kirk. The English doctors then
uttered their minde in plaine termes. This was a manifest breache
after the conference, and no order taikin with it. This was the
policie of the aspyring bishops, to cry " Peace ! peace !" and to
crave silence of their opposits, when in the meane tyme they
tooke advantages, as occasioun served.
Some of the ministrie of Fife, perceaving what preparatioun was
made by the other partie for the nixt Assemblie, sent to the
presbytereis in sindrie parts, the copie of the commissioun and
instructiouns which they had givin to their commissioners ; that
thereby they may know their minde, and how to direct their
commissioners.
73 G CALDERWOOD'S HISTORIE 1G08.
THE COMMISSIOUN.
" We, the Moderator and remanent Brethrcin of the Presbyterie
of A., understanding that there is a Generall Assemblie to be
holdin at B. the * * day of C. nixtociim, in the yeere of God
1G08 ; and after due advisement having found, that by long inter-
niissioun and want of Generall Assembleis, als w^eill oi'dinar as
pro re nata ; the discharging of sindrie provincialls of their lawfull
meetings ; the absence and restraint of speciall members of sindrie
presbytereis in the principall provinces within this kingdom ; the
libertie of electioun of commissioners to General! Assembleis, now
pinched and throwed contrarie to the order and custome of the
kirk ; the witholding of stipends from some of the ministers, and
shoring of others with the like censure, except they yeeld to the
intended alteratiouns and innovatiouns ; the fearefiiU distractioun of
the ministers ; the grouth of Papistrie ; the pride and insolencie of
Papists and orderlesse j)ersons ; the great number of appellatiouns
undiscussed, and by the dangerous sequeles of everie one of these,
and of them all conjunctlie, the unitie, peace, order, and edifica-
tiounof the kii'k within this realmeis dangerouslie wounded, impaired,
and hindered ; and by the doubts, difficulteis, questiouns, and
disputatiouns day lie arising of the former occasiouns, farther to be
endangered, vmlesse that by the mercie of God, some godlie and
wise remedie be tymouslie provided ; have therefore appointed,
and by these presents ordeane and appoint A. B. C. our commis-
sioners ; giving unto them our full power and commissioun to
repaire to the said Assemblie against the first day therof, and there
in our names, to treate, rcasoun, vote, and conclude, concerning
the repressing of Papists, Papistrie, and orderlesse persons ; the
discussing of appellatiouns ; the setting doun of convenient over-
tares, and articles anent the restoring of the Generall Assembleis,
provincialls, and presbytereis, to the free use of their wounted
priviledges and liberteis ratified by law ; the removing of the
present distiactionn of tl)c brethrein, and the causes therof; and
1608. OF THE KIRK OF SCOTLAND. 737
the searching out and putting in forme of suche conditiouns of
l^eace as wherin the great God may have his due honour, the
king's Majestic his contentment, and whereby the ministers and
remanent members of our professioun may be in a godlie content
and concord reunited. With expresse command to passe from the
said Assemblle Generall to the provincialJs and presbytereis, and
ilk one of them ; then to peruse the said overtures and articles ;
and after due reasoning and deliberatioun had therupon, to returne
the same rypelie advised, together with their best opinioun anent
the convenient removall of these present evills, and sattling of
soHde order for peace and concord in tyme comming, to the nixt
Generall Assemblie, to the effect that there they may be concluded
with brotherlie harmonic and consent. And by reasoun of the
said distractiouns and other evills above writtin, expresslie forbid-
ding the said A. B. C. our commissioners, and ilk one of them,
under the paine of depositioun from their offices in the ministrie,
and excommunicatioun, to vote or anie wise give consent to anie
innovatioun or alteratioun of the governement of the Kirk of
Scotland, anie article or claus therof whatsoever, intended to have
beene altered or innovated, since the Generall Assemblie holdin
at Halyrudhous, in November 1602, or sail happin to be intended
in this present Assemblie, for advancing or establishing episcopall
governement, which is, and has beene ever judged by this kirk to
be contrare to the Word of God ; or to the transferring of the
power and order of electing of moderators of provincialls or presby-
tereis, from either of them respective, and conferring therof to anie
other person or persons whatsomever ; or to the continuance of
anie moderator in his office of moderatioun, longer than from one
provinciall to another respective, as the kirk for verie good causes
has beene in custome ; and generallie, to no mater, that in anie
wise may breed, nourish, and increasse distractiouns in the kirk
Avithin this rcalme. Declairing whatsoever they sail doe in these
caces to be null and of no effect, and them to be censured and
proceeded against as is above provided.
" Be this our commissioun subscribed by our clerk, at our com-
VOL. VI. 3 A
738 calderwood's historie 1608.
mand, at * * * the * * * day of * * * the yeere
ofGodlG08."
INSTRUCTIONS TO THE COMMISSIONERS TO BE DIRECTED TO THE
ENSUING GENERALL ASSEMBLIE.
" 1. That at the productioua of this present commissioun, and
before anie mater be acted in the said Assembhe to be holdin, etc.,
the commissioners earnesthe desire this present commissioun to be
registred in the bookes of the Generall Assemblie ; at least, an act
made in the beginning of the Assemblie, expresselie bearing, that
no mater sail be handled therin, but according to the tenour of this
present commissioun. And incace of the refusall of tlie one and
the other, to protest, that they produced a commissioun of such a
tenour ; and therafter, desire the protestatioun with the commis-
sioun to be ingrossed and registred. Which being done, lett them
adhere to the protestatioun, and publictlie dissassent from what-
somever sail be done otherwise than the said commissioun beareth.
"2. That it would please this present Assemblie, for farther
explanatioun of the article of the Bookc of Discipline anent the
clcctioun of moderators of Assembleis, to declare, and by ordinance
establish, that all the provincialls, presbytereis, and other lawfull
assembleis of the kirk within this kingdom, and ilke one of them,
have in and of themselves respective, lawfull and sufficient poAvcr
to choose, censure, inputt, and remove their owne moderator ; and
that the lawfull continuance of ilk moderator in his office of mode-
ratioun, als weill of provinciall as presbyterie, is, and sail be, from
one provinciall to another ; and tliat for cshewing of iniquitic,
ambitioun, and tyrannic.
" 3. That no minister alreadie burthenned, or that in anie tyme
hecrafter sail happin to be burthenned by the Generall Assemblie
with commissioun in Aveightie effiiires of the kirk, be in anie tyme
comming during his commissioun overburthenned with the mode-
ratioun, or elected moderator of anie presbyterie, provinciall, or
Generall Assemblie.
1G08. OF THE KIRK OF SCOTLAND. 739
"4. That the acts of the Generall Assemblie alreadie made
against delapidatioun, non-residence, carelesnesse, and other cor-
ruptiouns in the persons and callings of the ministers, with suche
additiouns as sail be found needfull, be gravelie recommended to
the provincialls and presbytereis ; with expresse command to them,
with all possible diligence to censure their owne members respective,
according to the acts of the Generall Assemblie, without exceptioun
of persons or causes, as they will answere to God, and to the said
Assemblie.
" 5. And incace anie motioun be made prejudicial! to the present
discipline, or anie way tending to the furtherance of episcopall
governement, or anie degree therof, faile not to declare to the said
Assemblie, that we, and our brethrein, favourers of the discipline
and governement therof, lyke as we have offered to our brethrein
intending episcopall governement ; so, in the face of this Assemblie,
we offer to defend the said discipline, by the warrant of the Word
of God, and to impugne what can be opposed against the same,
or what can be said for episcopall governement, as our said offer at
more lenth beares ; humblie requesting the said Assemblie to
consider of the said offer, and to assist, mainteane, and stand for
the good cans.
" And, finallie, yee sail take heid, that no noblemen, barons, or
burgesses, be admitted to vote in the Assemblie, namelie, in maters
of weight concerning the governement of the kirk, but suche as
have commissioun from their presbytereis ; and so manie onlie as
the order and custome of our kirk alloweth."
MR JAMES MELVILL'S ADVICE TO THE BRETHREIN AJSTENT THE
ASSEMBLIE.
" 1. The best overture against Papists is, to suffer Christ to
raigne freelie in preaching of his truthe, keeping of assembleis of
the lawfull officers'of his kingdom, as they have beene found forcible
for that effect these fourtie yeeres in Scotland, during which tyme,
there was skarse heard of one Papist to be in Scotland ; and not
740 CALDER wood's historie 1608.
permitting that capitall errour, and great mother and nurce of
Antichrist, the Roman hierarchic, to creepe in the Kirk of Scot-
land ; for whosoever procures that, are verie agents and patrons for
Poprie.
" To make a challenge of disputatioun I would not, for that
imports a casting of our discipline and governement in questioun,
which must be decided by a judge ; and your judge that will judge
is your enemie : but stand wakerifelie, honestlie, and constantlie
to the truthe established, being readie alwise in assembleis, and out
of them, to give the reasons of your faith and professioun out of
the Word of God. For doubt not, but your adversar partie who
intendeth a change, will travell to bring the mater in questioun, to
the intent he may brangle and subvert the faith, and state of the
whole kirk.
" If they will corapell you to reasoun, as upon maters doubtful!,
then your conditiouns come in, which are verie weill advised.
The which if they be granted, our forces for defence will be strong
eneugh. If they be refused, or the sjjeciall of them, then you
must make appellatioun to a free and better advised General!
Asserablie of the whole Kirk, the which appellatioun I would wish
to be weill qualified, and givin in in writt, subscribed with the
hands of all that carie upright hearts in the cans ; and then, turne
to prayers and teares, importuning Him whose glorie is most
interessed, and who can give judgement, and make redresse when
it pleaseth him.
" If the forme of commissiouns and instructiouns be receaved,
and made commoun among all the presbytereis, or the most part
therof, there is not onlie no danger, but a great hope in the cans.
Let it be laboured diligentlie and wiselie, to make them commoun
and uniform e,
" Observandum prcecipue, that the top, or rather root and founda-
tioun, of the hierarchic and episcopal! lordship, is the supremacie,
which ather at this tyme, or some other, will be brought in and
urged, as the right of the king's owne crowne, which none but
Papists will dcnie or refuse to subscribe ; and will be dealt into
1608. OF THE KIRK OF SCOTLAND. 741
as a mater of another nature than your questiouns of bishops or
kirk ruling. For this (as a most royall efFaire) are, and sail be
sent doun, royall commissiouns of all estats in both kingdoms, erles,
lords, barons, doctors of divinitie, and both the lawes, etc., for this
the consent of all factiouns will be alledged, (Papists excepted,)
Formalists, Puritans, Brownists ; and muche more will be said and
layed out.
" But becaus It is a new mater, unpropouned and heard of in our
church, large tyme for informatioun would be craved, that what-
soever belongeth properlie to Christ he might keepe it, and nothing
denied to the king that he sould have. The Spirit of the onlie wise
God give you wisdom in all things. Amen."
It appeareth by the contents, that the commissiouns and instruc-
tiouns above writtin were formed and directed to some presbytereis,
before the last conference holdin at Falkland.
DR DOWNAM S SERMON SENT TO SCOTLAND.
Doctor Downam made a sermoun for the maintenance of the
authoritie of bishops above ministers, at the inauguratioun of Doctor
Montague, Deane of the King's Chappell, prefered to the Bishop-
rick of Bath and Wells. The sermoun, conteaning an abridge-
ment of Bishop Bilson his Booke of Perpetuall Governement, was
printed, and some copeis sent to Scotland, before the appointed
Assemblie, and that by the king's directioun. But Mr Andrew
Melvill sent to Mr James Melvill, his nephew, out of the Towre,
a short answere, which here followeth, together with some epi-
grammes upon Downam.
A SHORT CONFUTATIOUN OP DR DOWNA3I S APOLOGETICK SERMOUN
FOR THE DIGNITIE OF THE EPISCOPALL OFFICE.
" Christ findeth fault with the angel of Ephesus, becaus he had
left his former love ; with the angel of Pergamos, for suffering of
these who held the doctrine of Balaam and Nicolaitans ; of Theatira,
742 calderwood's historie 1608.
for bearing with cloven Jesabell, false prophetesse ; of Sardis, as
dead in sinne ; of Laodicea, of being nather bote nor cold, but
luckewarme, riche in his owne conceate, and wanting nothing ;
being neverthelesse a miserable wretche, poore, blind, naiked, and
therefore worthie to be spewed out of his mouth. And this, when
Christ delivered the revelatioun of this mysterie of the seven
starres (which he exponeth to be angels of the seven churches, not
the seven angels of the seven churches, as Downam taketh it) to
Johne. If this then was the estate and conditloun of the angels
of these churches in these days, and if these angels were bishops,
suche as be our reverend fathers of the Church of England, as
Downam exponeth this, being about the climacterick yeere of 63
after Christ's suffering and resurrectioun, what has beene the
sensible decay within 100, 200, 300, 400, etc., whill this 1600
yeeres ?
" Secundlie, How proves Downam one onlie angell in one church,
Being all faithfull pastors and teachers be divines voluntatis inter-
pretes et nuncii ? Nather sayeth Christ, ' Seven starres are seven
angels,' as he sayeth, ' Seven candlesticks are seven churches.'
But the text is, ' The seven starres are the angels of the seven
churches.' How can he then prove out of this place, one pastor
above the rest, exalted in the degree of a bishop, to be angel of
the Kirk of Ephesus, where there were manie bishops ? Acts xx.,
as at Philippi, Phil. i. 1, et sic de aliis. As for ru ayyO.u rrig exxXjj-
ciag, the relatioun is inter angelum et ecclesiam, et non inter angelos
et cceteros pastores aut compreshyteros, and an evident synedoche
numerij as 6 ayahg avd^u'xos i% Tov ayaJcu, &C., 6 ds -rovri^og, &C., Mat.
xii., 0 -Troi/xrjv o xaXoj, Joan. X., et similia alibi passim, which is als
muche as, Everie one, Singulis et universis. And that which is
writtin to the angels is writtin to the church, etc. Neverthelesse,
he makes this text his ground, et petitione principii idque scEpius,
proveth his intent, interlairding testimoneis of men all long after
the writting of the Revelatioun, and concluding an apostolick insti-
tutioun of EngUsh bishops. Barlo was foolish and profane ; this
man would appeare more modest, but no better grounded. The
1608. OF THE KIRK OF SCOTLAND. 743
Scriptures alledged by hioi are violentlle drawia by the haire,
namelle, 1 Tim. v., hi xaXws crgwgffrwrjj, etc., whom he maketh implere
ministerium suum, %titt avng ivXiyci^ etc., to doe but a part of the
office ; neverthelesse, he will have the doers of a part to be more
speciallie respected, and more honoured nor the performers of the
whole duetie. Or rather, he will have these self-same men, whom
he will have all to be ministers of the Word, more worthie of
double honour for doing a part of their office, than for weill dis-
charging their whole office, and everie part of their duetie ; which
is verie strange, unlesse it be dimidium plus toto, against the prin-
cipall engraft in our hearts naturallie, and borne with us, Omne
totmn est majus sua parte. The evident place of Ambrose on
1 Tim. v., to the same purpose, he sophistically eludeth, exponing
one word, (Doctorurn) quorum desidia vel j)otius superbia, seniores
quorum sine consilio nihil agehatur in ecclesia, obsoleverunt, learned or
teachers, docti aut doctores ; and that drawing disidiam to the one
sort, to witt, inferiour pastours, at their severall churches ; and
superhiam even then, in quo pravaricari videtur in causa. But it
were longsorae to marke all, and my short tyme will not permitt.
Yee will observe in reading in this, in refuting laick elders, which
is his first point ; his secund and thrid be against parishes and
parish bishops, for dioceses and diocesan bishops, wherin he is most
bauche with his Platina and Pseudodamasus, and all after the first
hundreth yeere, and therefore impertinent. He draweth Calvine,
by allegatioun most falselie and impudentlie, to agree with these
three heeds against elders, parishes, and parochiner bishops and
pastors.
" Major insfat moles, majus miscendum malum. These angels be
not angels by nature ; they be not the churches ; they be not laick
elders, nor ministers of severall parishes : what can they be then
but diocesan bishops, and suche as our Reverend Fathers, in a sin-
gular and perpetuall degree of superioritie, majoritie, and power of
ordinatioun, which he will prove by Tit. i. rourov xaotv xaTsX/'rov cs.
&c., and so he extracts chymicallie these words, Titus created a
bishop with singular eminencie of both these powers perpetuall in
744 caluerwood's histokie 1G08.
his person and successors, to ordinat and judge, etc., his fellow-
ministers, not with consent, but by plaine bangsterie. And to this
weaponshow, manie roustie halbert, bill, and reisted bow is
brought, to make a reissill. And so, instead of Scripture, and
apostolicall institution, and exemple in their dayes, there be
alledged the fathers, als weill bastard as lawfull gottin and canonick,
mounted as apostolick, and councels alledged, et quid non ? et omnia
air^ohiohmuea, being without the compasse of 100, 200, 300, 1000
yeeres. And how old that ever they were, they were men that
might erre and lee, and blinded with the use and custome of their
owne tyme, and yitt crying out against the corruptiouns of the
same. In the heed of superioritie, which is the fourth, with this
double power, the Scripture, he perverteth, the antiquitie of fathers
is impertinent, and out of tyme, having no strenth of probatioun ;
and yitt sayes not so farre, as to approve our Reverend Fathers in
their singular eminencie and superioritie of power, receaving the
same not from the church, nor from their collegues, but from the
Pope and canon law, for the whole forme and law of ordinatioun
and jurisdictioun, and from the prince for princelie power above
their brethrein, to exercise the same, specking nothing of their
temporalitie and worldlie lordships.
" And notwithstanding all this the fyft must be largelie dis-
coursed upon, and by a threefold cord of three syllogismes fastlie
or falselie concluded. That this episcopall dignitie and majoritie
is apostoUccB institutionis et divini juris. In the which demonstra-
tiouns, the midd couple will never hold fast the souple to the hand-
staffe, notwithstanding the hoodstaill of wrested Scripture, and
threedbare fathers feeble in their loyneis. Suche tautologeis and
vaine baibling I would never have looked for at this tyme to have
proceeded from a man that is a logicianer, nor to be directed
toward the north, for convincing of our brethrein, who, if they
be not corrupted more with the 14,000 pund sterline sent thither,
tanquam aureus hamus, the evidence of this booke, and demonstra-
tioun of the profane follie of men, can never be able to perswade
them to leave the embraced, practised, and established by law, to
1608. OF THE KIRK OF SCOTLAND. 745
their eternall iiifamie and condemnation ; from both the which, the
Lord preserve them.
" In surnrna, The mysterie of the seven starres, and angels of the
churches, are cast heere in non-entrie, by prescriptioun and usurpa-
tioun, qucB non valuit ah initio; and, therefore, Nulla temporls
longinquitafe convalescere potest. Consider the threefold order of
arguments, mediatelie from the apostles' tynie to this 1 600 y eere ;
in the apostles' dayes, and not reprehended by them ; and thridlie,
instituted by the apostles, all false lees. ' MuUos ego vidi ineptos
homines ; ineptiorem Phormione neminem' Bilson is more danger-
ous. Valeo Dei gratia et dnimo et corpore, et spero dum spiro, nee me
spes fallit in ilium in quo spero. To verbose grace I committ his
owne cans, you, and all the brethrein who I know care for me,
with my heartie and loving commendatiouns in the Lord, nominatim.
Lett me know how our speciall freinds doe, Ephraim, Richard,
Syramystae Scotus, Carmichael, Dykes, etc.
"Tuus ut suus imo Christi,totus quantus quantus 1. quantuluscun-
que. Downamus in 1 Tim. iii. Pastores omnes episcopi uno
eodemque nomine, et pari sequalique potestate, dignatur ; in expli-
cando autem mysteria septem stellarum, solos episcopos Anglicanos
facet, angelos septem ecclesiarura.
" Pastores fidos omnes nos Downamus sequat,
Prassulibus laudi dum labor urget opus.
Idem mox septem stellarum arcana revelans,
Angelico hos unos tollit in astra gradu.
Nos animas viles quibus una est perdia pernox,
Cura gregis vulgi in fasce relinquit humi.
Christe, ducum lecti pecoris, cordate magister,
Coge gregem, numerum non habet ille suum.
'' Aliud—
" Si Stella est sacri gregis angelus, angelus Anglus,
Praesul et hie gemino splendit in imperio ;
746 calderwood's historie 1608.
Qua^rere nunc restat quje stella sit angelus Anglus,
Praesul ut is geraino splendit in imperio.
An quae stella haerens ccelo scintillat ab alto ?
Subtus an orbe alio qui vagus erro micat ?
Potentam an terris metuendus crine cometas
Stella in abaxe in humum tracto draconis ope ?
Et quam in ter terno tenit angelus ordine sedem,
^theris, aut terri, aut aequoris baud erebi ;
Nam regnandi illi baud veniat tarn dira cupido,
Ut papa cerbereum tollat in astra caput.
« A. M."
By tbis letter we may perceave, tbat tbe prisoun bad not
cooled bis zeale, but be continueth tbe old man. At tbe same
tyme, be made a large answere to Downam's sermoun in Latine,
a worke wortbie to be enquired for, and putt to tbe presse. Tbe
Lord Popbam, tbe Lord Cbeefe Justice of England, and tbe Lord
Buckburst, Lord Great Treasurer of England, tbe two men witb
whom he bad sharpest speeches at tbe counsell table, were called
before the Great Judge of the world before tbis tyme. Buckburst,
witb whom be was botest, died suddanlie of an appoplexie at tbe
counsell table, in tbe moneth of Aprile last bypast.
MR D. Hume's letter to the bishop of orkxey.
Upon Julie tbe elleventh, Mr David Hume of Godscroft directed
another letter to Mr James Law, Bishop of Orkney, which heere
followeth : —
" TO THE right HONOURABLE THE BISHOP OF ORKNEY, etC.
ut supra.
" Right unfainedlie beloved brother, in tbat onlie love and true
fellowship, — I receaved your letter of tbe 23d of Junie within two
or three days therafter, and have beene so long in answering, by
1608. OF THE KIRK OF SCOTLAND. 747
the occasioun of your owne desire, that your letter sould not by
will or neglect come to the view of anie other, which made me,
that I thought it not fitt to carie them with me whether I went,
least some negligence might present them to suche adventures ;
and I have since beene almost ever from home, where I nather
had leasure to write, nor had them with me, whereto I might have
conformed my writting. Now, this first tyme have I gottin, and
yitt skarse thinke I have sufficient leasure to view it out of these
parcells, and to frame due answeres therunto ; which indeid would
crave more deliberatioun, and a better considerance, if it might
not seeme to be alreadie too long delayed. Alwise, repose your-
self on me on that point : I sail not communicat your letters with
anie ; I sail not carie them abroad with me ; and at home, they
sail ly in a lockefast kist ; and if there be anie thing needfull for
secrecie, that yee may be in suretie to write freelie whatever your
minde dytteth. Yitt the perrell seemeth greater on our side, that
hold the contrare opinioun, least it may offend whom we were laith
in our hearts, and whose offence carieth harder consequence, and
must now incurre, as it compted on small occasiouns, to their no
small prejudice. For me, out of the conscience of a fervent zeale
to the honour and weale of my prince since I was ten yeeres old, I
thinke, I speeke, I wryte, I doe all things ; nather doeth it, nor
can it abandoun me, the love of my countrie. I compt joynned
with it, the love of the kirk, with both inseparablie. In these if I
erre, I erre, and cannot feare sharpe rebookes, though I happin
somewhat to erre. Love feares not, nather is suspicious, and I
must lift my eyes to Him who seeth in secreit, what love is in my
heart, and has all hearts in his hand ; nather am I solist to whose
knowledge it come, yea, I wishe all come to the knowledge of all,
the hearts, the words, the deeds. And it feares me (or too great
feare giveth occasioun to greater feare) whill the silence of all is
taikin for the allowance of all, and none informing aright, there
must be muche informing wrong to them that see not but by the
eyes of others, which I take to be the great cans of all these great
greefes greeve us. Nather will I crave ought in this point, but
748 calderwood's historie 1608.
your discretioun, in the love we pretend all to a commoun kirk.
Lett all myne be with you, as yee thinke fitt to that use, privat or
not privat with yourself, with or whom yee please, with bishop or
anie ellis, yea, if his Majestie might see the meaning, als weill as
the saying of his humble subject.
" Our speeche I allow be simple, and without flowres of rhetorick,
(except suche as serve for cleerenesse, not for ornament,) without
fard or bastard logick, direct, without diverting by digressiouns or
by-wayes ; loving without hatred, at least of persouns of men ; calme
without storminesse ; of aiFectiouns, sweete without bitternesse,
or taxing even of taxing ; popular without curiositie, or scolastick
subtilitie of words ; as farre as may be plaine, without ambiguitie
of words or phrases. So sail it be shortest, soundest, and soonest
brought, to the point, which otherwise men can never come to,
though they spend whole volumes. In which qualiteis, give me
leave, brother, before I come to the questioun, to call to your
rainde, that part of your letter where you regrait the mutuall
dissensiouns and decay of love, a complaint commoun to us all, and
mentiouned in my letter also, and on too too good reasoun, yitt
warilie to be tuiched, if we seeke not rather to canker it nor to
cure it. Your words are pulpits and holie places, etc., and so
furth. View againe, I beseeke you, deere brother, and say your-
self, are they not even over sharpe, and unmeete for this peaceable
and mylde conference ? Are they not amplified by all places and
points of rhetorick, interrogatiouns allegorick, axioms, compari-
souns in the hardest sort, and even bended to the highest note,
which that string harped on can admitt ? Are they not all tuiches
of these men that stand out, and compt that their necessar duetie,
by all meanes at their utter power, against the courses urged upon
the kirk ; of whose part, for my part, I compt best, and in whose
reproaches, if I be silent, I sould seeme allower ; which I were als
laith to doe, as I would thinke me in the wrong if I sould doe it.
And have anie their speeches cutt off the rightnesse of their cans
out of their hard usings, out of the uncouth forme of proceedour in
the whole caus against them, and against it, (which manie honest
1G08. OF THE KIKK OF SCOTLAND. 749
men doe accompt God's caus, not theirs,) als muche mater of
defence ? which if we souhl enter in, and in that sort exaggerat,
what end sould there be ? I eschew to tuich these byles, and leave
to your good considerance the forme they are used with ; skuifed
taunted reproached, they and their whole caus in words, preachings,
proclamatiouns, no lesse indeid, farre more, both becaus it is mater
rather of contentioun to no use now ; and becaus, what is right on
eitlier side will better appeare in the decisioun of the caus wheron
that judgement hangeth, and so must that decisioun goe before.
" Therefore, wishing things to be left off or delayed, I will leave
off also to speake of that your meeting at Falkland ; which if it
bring out a good solide peace to the weale of the kirk, I am glade.
But to be plaine, in my accustomed manor, I never heard anie
thing yitt more greeved me in my outward sight, as the greatest
step to the full subverting of our kirk governement, the mouche,
as I take it, of truthe in religloun, leaving also to be congratulated
that your judgement (right indeid) of honour, and your experience
of the toylesomnesse in it, (foretold by manic writters, confessed
almost by all mouths, and certanelie sinking in the hearts of all
cleere judgements, and which I rejoice ever to heere confessed by all
men.) I will with them also passe by also to speeke of honour com-
petent to elders, and how the word * Lord ' beseemeth and soundeth
to the ministers of the Gospell, howbeit yee may see my minde
in my former, where I professe to use all suche words more by
tolerance nor allowance, and not without a hinke, if I doe not
tolerat more nor eneugh in respect of the constitutiouns of our
established kirk, and of the harmes that use or abuse of words
bringeth oft tymes in maters ; and will come directlie to the point
of your answere to my first propositioun. That the discipline
receaved may not be altered, yee answere, ' There is nothing altered,
or to be altered, in anie essentiall point or part of our discipline.'
Which words, I would yee had explicated, and declared what yee
had meant thereby in the questioun controverted of bishops and
new moderators ; for as it standeth, it may affoord a threefold
meaning ; to witt, ather,
" 1. That bishops and these new moderators are not brought In,
750 calderwood's historie 1608.
nor to be brought in the Kirk of Scotland, and so, nothing to be
altered that way : Which, if it be true, we mistake things farre.
But, I trow, that be not your meaning, in the urging of them with
suche instance, and with so muche adoe. Or ellis,
"2. That they are alreadie in the Kirk of Scotland, and so by
the urging of them, is not to alter anie thing : which I trow yee
will als little say : Or ellis,
" 3. That their being, or not being in the kirk, is no essentiall
part of the discipline of the Kirk of Scotland ; which, I thinke, has
als little reasoun to be said, and must confesse, that if it be not
essential, I wote not what to call essentiall.
" Now, if I sould take me to all these three, it sould be a long-
some, and perhaps not necessar travell. If to anie one, I might
Weill misse your minde, and strive with a shadow. And other
nor one of these three, I see not for it, they (the bishops and
moderators I meane) be to be brought in ; and if they be not in
alreadie, and if this point be essentiall, then is there something
altered in an essentiall point. Therefore, I would pray you, that
before all things, yee would condescend which of these yee meane,
and joyne your reasoun withall. If it be the first or the second,
what is this we are all doing so long ; and how is this dissentioun
in the kirk ? If it be the thrid, then it will be needfull to explicat
what yee call essentiall, what circumstantiall ; and which are the
essentiall, which circumstantiall points ; and how it is that bishops
or not bishops, and that without their caveats, (for so men thinke
ather they be, or aspire to be,) how is it that the perpetuall mode-
rator his being or not being in the kirk, with all priviledges that
follow him, is no essentiall part of our Scotish discipline ? By which
discipline, (that there be no ambiguitie in that) I meane, as I am
sure yee know, the kirk policie, or kirk govemement.
" This being done, we sail come easilie to the rest of your
answere, and my propositiouns, which whill then I leave, resting
on your answere, and committing you to God, whom from my
heart I beseeke, as yee desire me, that yee may seeke, and thrist,
and obteane that glorie which is from him onlie; knowing that yee
1608. OF THE KIRK OF SCOTLAND. 751
will finde all other but more and more vanitle and vexatioun of
minde and bodie ; as also, that he may blesse this conference to us
both, and worke his owne glorie out of it. Amen. Julie 11th,
1608.
" Yours in Him unfainedlie and zealouslie."
The Generall Assemblie proclaimed to be holdin at Dundie was
holdin at Linlithquo, the last Tuisday of Julie. A fast was
appointed to be keeped the first day. Mr Andrew Lamb taught
in the morning on Lucke xix. 4. Mr Patrik Galloway, moderator
of the last formall Assemblie, had an exhortatioun upon 1 Cor. iv.
1. He pointed out suche things as were controverted among the
brethrein. Mr Robert Cornwall, minister of Linlithquo, taught
afternoone, upon Exod. xvii. 9. After Mr Patrik had ended his
sermoun, the Assemblie conveened. Mr Patrik declared the caus
and end of their meeting. The number of noblemen and gentlemen
present at that Assemblie by his Majestie's directioun was above
fourtie. This putt the brethrein in a great feare, that some per-
nicious conclusioun was to passe by pluralitie of votes. Sindrie of
the ministers remembred the moderator, that onlie three commis-
sioners were granted to his Majestic by the acts of the Assemblie.
Mr Patrik answered, that if they would cast off the noblemen,
their conclusiouns would w^ant executioun ; " for we must pray and
preache, but they must fight." So they went to the choosing of a
new moderator.
Mr Patrik Schalrp, Mr Patrik Simsone, Mr Johne Mitchelsone,
Mr Johne Hall, Mr James Law, Bishop of Orkney, Mr Patrik
Lindsey, were putt upon the leits and removed. The bishops were
called upon to give their votes, before the ministers, commissioners
from presbytereis were called upon. There was first scene the
difference betweene bishops and commissioners in the Assemblie.
Mr James Law, Bishop of Orkney, was chosin moderator, and
prevailed by three votes over Mr Patrik Simsone. The erles, lords,
barons, and gentlemen sent for by the king, voted for Mr James
Law. If the votes of the best affected of the ministrie had not
752 calderwood's histoete 1608.
beene divided, by reasoun that some of them feared Mr Patrik
Simson's bodilie infirmitie, Mr Patrik had prevailed. Alwise it
was a great encouragement, to see a number of the ministrie sett
one way, and gave appearance, that they were able to resist anie
conclusioun prejudiciall to the caus.
The members of the privie conference were chosin of the worse
sort. The Erie of Dumbar delivered the king's letter, and com-
missioun from the king, with power to assume two or three assessors.
He assumed the Erles of Lothian and AVigton, and the collector.
The king's letter conteaned two points : The one, his zeale and
care to represse Papistrie, where he declared, that he would dis-
appoint the diffident opiniators, imputing to him slackenesse in
proceeding against Papists, notwithstanding his faire promises, and
the act made at Linlithquo ; desired men to be more modest in
their speeches heerafter. The other concerned his love to the
Kirk of Scotland, and to the good estate therof, where he wished
everie thing that might hurt the same might be removed ; as
namelie, the present distractioun and alienatioun of hearts, for
circumstances and maters indifferent, which might ather be, or not
be. The letter was kindelie accepted, and thankes givin to God
for it.
Muche adoe there was about Papists. They were divided in
three rankes ; professed, suspected, and non-communicants. Three
in speciall were pointed out, professed, and heads ; the Marquesse
of Huntlie, the Erles of Erroll and Angus. The Bishop of Aber-
deene was demanded if Huntlie was excommunicated accordinof to
the directioun givin to him at Falkland ? He answered. Not.
They asked. If the processe deduced against him was closed ? He
answered. It was closed, and nothing resting but to pronounce the
sentence. They advised, whether the sentence sould be pro-
nounced presentlie in face of the Assemblie, or remitted to the
Presbyterie of Aberdeene. All agreed that it sould be presentlie
done without farther delay; which the moderator, after a verie
solemne maner, did. After pronouncing of the sentence, the Erie of
Dumbar, his Majestie's commissioner, promised that fourtie dayes
1608. OF THE KIRK OP SCOTLAND. 753
being expired after the pronouncing of the sentence, the civlll
sword sould strike without mercie or favour to him or his ; an
although some of his freinds sould come and buy his escheat, it
sould be refused. Angus and Erroll were referred to the Presby-
tereis of Perth and Glasgow, to urge them to conforme in hearing
of the Word and partaking of the sacraments ; which failing, to
pronounce the sentence. Dumbar promised in like maner execu-
tioun of the civill law against them without favour. As for the
rest of the Papists, this overture was givin in, that everie province
sould conveene by themselves in the place where the bishop or
moderator of the province sould appoint, and sould give up the
names of Papists professed, suspected, or non-communicants ; and
that without feed or favour. The which to doe, their oath was
solemnelie taikin in the presence of God and the whole Assemblie.
Farther, that the provinces conveening sail try the causes of the
increasse of Papists, and devise remedeis, and to report the same
in writt to the Assemblie, which was done. A great number of
Papists in all places of the realme were givin up. The cheefe
causes of Papistrie increassing were thought to be these : Impun-
itie of the cheefe and principall, nather the civill nor spirituall
sword striking upon them ; the spirituall, becaus of the want of a
Generall Assemblie these manie yeeres ; the civill, becaus the
govemement of the kingdome was committed to men suspected of
Papistrie themselves, and therefore favourers of other. The re-
meed, that a petitioun be preferred to his Majestic for the libertie
of the Generall Assembleis and Provincial!, conforme to the act of
parliament ; and that suche office-bearers as were suspected of
Papistrie be deposed, and sound professors placed in their rowme.
The secund caus was found to be the rash and haistie admissioun
of ministers. The remeed, that a large tyme sould be spent in
tryell before impositioun of hands. The thrid, the present distrac-
tioun among the brethrein, which the enemeis laboured to foster,
and the restraint of so manie faithful! brethrein banished, impris-
soned, and confynned, within and without the countrie, who, whill
they were present in their owne places, were fearefull and terrible
VOL. VI. 3 B
754 calderwood's historie 1608.
to the enemels. The remedie, that an overture be found out for
removing the present distractiouns ; and a petitioun made to his
Majestie for releeving of suche brethrein as are banished, confyn-
ned, or imprisouned. The names of the Papists, the causes of the
increasse of Papists, and the remeids, were presented by the pro-
vinces to the privie conference. It was thought good in the privie
conference that it be propouned to the whole Assemblie that a little
booke be made, and therin the names of the Papists sett doun,
professed, suspected, and non-communicants ; and that certane
commissioners be chosin to present the same to his Majestie for
order talking with them. So commissioners were chosin ; and
least the ministers sould feare that all these proceedings sould
vanishe away as the proceedings at the last Assemblie at Linlithquo
did, two ministers from everie province were appointed to meete
at Edinburgh the 15th of November nixtocum, to heare his Majes-
tie's answere, and to see executioun without partialitie. This shew
was made of hard dealing against Papists to cover their present
intentiouns, and to cover Matthseus Tortus his alledgance where
he challengeth the king of his promise made to the Pope and Pa-
pists ; and for the same caus it was thought good a supplicalioun
sould be made to the king for pacifeing the controverseis of the
kirk, and restoring ministers banished, confynned, or imprisonned,
to their libertie.
The visiters appointed by the Assemblie at Halyrudhous, so
manie as were present, gave in their diligence in writt. Some
brethrein were appointed to peruse their diligence. They find
manie kirks wanting pastors, and other misorders, speciallie in
Merce and Tiviotdaill, Cathnesse and Sutherland ; but no men-
tioun was made of the Bishop of Orkney his tyrannous proceeding
at his last visitatioun against three of the ministers of Jedburgh
Presbyterie, nather had they accesse to compleane upon him ; for
by his procurement, they were first putt to the home, and then
confynned by the counsell. The commissioners of the last Gene-
rail Assemblie offered themselves to be tryed. They went all furth,
and Mr William Cowper suppleed the moderator's rowme. He
1608. OF THE KIRK OF SCOTLAND. 755
asked if they had anie thing to lay to their charge ? Silence was
taiken for approbatioun. Wherupon was made an act, approving
them as honest and faithfull men, and, therefore, worthie to be con-
tinued in the same office. The moderator shewed sindrie reasouns
why they sould be continued : 1. Becaus they might travell from
place to place, as the maters of the kirk required, by reasoun of
their moyen and riches. 2. They had credite with the king.
3. Through long practise, they had experience and skill in hand-
ling maters. 4. Becaus there was none in the Assemblie fitter
nor meeter nor they. The brethrein consented, with protesta-
tioun, that their continuance for this yeere following sould not
prejudge the libertie of the kirk in their free electioun ; but if the
conditiouns above writtin, agreed upon at Falkland, had beene
keeped, this continuatioun of the commissioners had not beene
tuiched, seing the controverseis of our kirk did speciallle strike
upon their proceedings.
As for removing the distractioun among the brethrein, that all
might joine in unitie of spirit against the commoun enemie, this
overture was devised ; that seing there was a double distractioun,
one in affectioun, another in judgement, both sould be removed
after this maner : The distractioun of affectioun, seing it was car-
nail, and uncomelie in the persons of Christians, muche more
of preachers, must be cured by reconciliatioun testified after a
solemne maner ; with promise before God and the Assemblie, to
lay aside all rancour and malice, and to love one another, as the
servants of one Lord and Maister. Mr Patrik Simsone was earnest
to have this reconciliatioun made. He related what paine he had
undertaiken in his journey to come to the Assemblie, being heavilie
diseased in bodie, and desired that the brethrein would not judge
rashlie of their proceedings at Falkland. But he had done better,
if he had distinguished betuixt difference of affectioun arising simplie
from difference of judgement or opinioun, and difference arising from
corrupt courses of ambitious men aspyring to preferment, jv^ith the
ruine and overthrow of the discipline of our kirk ; and the greefe
conceaved by the wiser and sincerer sort, at their tyrannic and
756 calderwood's historie 1608.
oppressioun of their brethrein standing for the liberteis of the kirk.
The act of Falkland concerning unitie was read ; all that were
present testified their reconciliatioun, by holding up of their hands.
The distractioun of judgement was to be taikin away, by a con-
ference of some of both sides best scene in the maters contro-
verted, and disposed to peace. The bishops made their vantage
of this reconciliatioun.
The bills and supplicatiouns givin in to the General! Assemblie
were all remitted to the continued commissioners, save onelie a
supplicatioun givin in by the elders of Anstruther, for their pastor,
Mr James Melvill. The Erie of Dumbar promised, that the com-
missioners directed from the Assemblie with the roll of the Papists'
names, sould interpone a requeist in name of the Assemblie for his
releefe. Upon this occasioun, motioun was made to the modera-
tor, to requeist his Majestie's commissioner, with the rest that
were sent up, to request the king, in name of the Assemblie, to
grant Mr Andrew Melvill, Mr Robert Bruce, Mr Johne Murray
Mr William Row, the banished and confynned ministers, their
vvounted libertie. They granted to doe so for all, except the
banished brethrein, whose release they were sure the king woul
not grant, except they would confesse their fault.
The moderator preassed to have bishops appointed visiters of
their owne dioceis. But it was resisted ; and therefore all visita-
tioun was left off, as if no visitatioun could be had without them.
In the end, the Bishop of St Andrewes made an harangue, extol-
ling God's goodnesse, the king's kindnesse, and the noblemen's
zeale. After thanksgiving conceaved by the moderator, was sung
the 133 Psalme, and so the Assemblie dissolved.
The proceedings of this Assemblie, as they are extant in the
register, heere follow : —
" Acta Sessione prima, 26 Julii) ante meridiem.
" Exhortatioun being made by Mr Patrik Galloway, Moderator of
the last Assemblie, the brethrein, after the accustomed maner, pro-
ceeded to the electioun of the Moderator of this present Assemblie.
1608. OF THE KIRK OF SCOTLAND. 757
The leits being nominated, Mr Patrik Schairp, Mr James Law,
Bishop of Orkney, Mr Johne Mitchelsone, Mr Patrik Lindsey,
Mr Johne Hall, and Mr Patrik Simsone ; by pluralitie of votes,
Mr James Law, Bishop of Orkney, was chosin Moderator, hac
vice.
" The assessors appointed to conveene with the moderator in the
privie conference for treatting of suche things as are to be con-
cluded in the Assemblie, are these, the Erles of Dumbar, Wig-
toun, and Lothian, with the Collector Generall, his Majestie's
Commissioners : the Erles of Glencarne and Kinghorne, the Lords
Graharae, Lindsey, Loudoun, Blantyre, Halyrudhous ; the Lairds
of Balmaine, Kinnaird, Kilsyth, Carnell ; the Bishop of Cathnesse,
Mr William Dowglas, the Bishop of Brechin, Mr Andrew Leitche,
Mr Patrik Lindsey, the Bishop of St Andre wes, Mr Johne Mitchel-
sone, Mr Patrik Simsone, the Bishop of Dunkelden, the Bishop
of Dumblane, Mr William Cowper, Mr Patrik Galloway, Mr Johne
Hall, Mr David Hume, Mr Johne Knox, the Bishop of Glasgow,
Mr Patrik Shairpe, the Bishop of Galloway, Mr Alexander Scrim-
geour, Mr William Hammiltoun, Mr Thomas Ramsay, the Bishop
of Argile.
'' The houres of meeting are appointed to be for the privie con-
ference, eight houres in the morning, and two after noone ; and
for the Assemblie, nyne houres in the morning, and three after
noone.
" The brethrein appointed for reading and answering the bills are,
Mr Arthure Futhie, Mr Hem-ie Philip, Johne Clappertoun, Mr
Johne Eeid, Mr Peter Hewat, Mr Edward Hepburne, Mr Johne
Hay."
" Acta Sessione secunda, 27 Julii, ante meridiem.
" Forasmuche as one of the most speciall causes of the conven-
tioun of this present Assemblie is, for suppressing of Papistrie
and idolatrie, which daylie more and more increasseth within the
same, to the great dishonour of God, and overthrow of the true
religioun professed within this realme, if the same be not with
758 calderwood's historie 1608.
some solide remeed obviated in tyme ; therefore it is thought ex-
pedient by the Assemblie, that before all other things, this article
concerning Papists and Papistrie be first advised upon and con-
cluded.
" And to the effect that the said Assemblie may the more solidelie
and with the greater light proceed in the said mater, therefore they
have ordeanned, that the commissioners of everie synod sail, at the
rysing of this sessioun, conveene themselves severallie, and make
a roll conteaning the number of Papists, and the names of them,
within the bounds of their synod : Secundlie, the causes why
Papistrie, superstitioun, and idolatrie, is come to so great height
within this realme : Thridlie, the remedeis for suppressing all sort
of Papists and idolaters within the same, viz., Papists who are
alreadie excommunicated ; Papists who have SAvorne and sub-
scribed to the truth, and yitt refuse to embrace the same ; and
Papists, that in word professed the truthe, but in actioun and deid
contrarle the same. Fourthlie, what forme of proceeding everie
synod has used against the Papists within their bounds. Which
articles the said synod sail putt in writt, and deliver the same to
the privie conference, at three after noone.
" It is likewise ordeanned, that everie synod sail make a particular
roll of the names of suche as are recepters of Jesuitf?, traffiquing
Papists, and Seminarie preests within their bounds, and deliver
the same privilie to the Erie ofDumbar, his Majestie's commis-
sioner, to the effect order may be taikin theranent.
" Item, Because the Marquesse of Huntlie has beene long under
processe, and the sentence of excommunicatioun before the Synod
of Aberdeene and Murray ; and in respect of his contumacie, and
endured superstitioun of Papistrie and idolatrie, they have orderlie
deduced and led the said processe unto the finall sentence, the giving
furth and pronouncing wherof has beene continued by them from
tyme to tyme, upon hope of his Lordship's amendiment, and turning
from idolatrie and Papisticall superstitioun to the true religioun
presentlie professed within this realme : And becaus they find no
hope of the same, but by the contrare greater obstinacie, there-
1608. OF THE KIRK OF SCOTLAND. 759
fore, the whole Assemblie in one voice decerneth and ordeanneth
the sentence of excommunicatioun to be pronounced against his
Lordship with all possible diligence ; and continueth the declara-
tioun of the place where the same sail be done, and by whom, to
the next sessioun."
" Acta Sesswne iertia, 27 Julii, post meridiem.
"In the presence of the whole Assemblie, compeered Sir Thomas
Ker of Hircha, Knight, in name of George Marquesse of Huntlie,
and presented a supplicatioun in name of the said noble lord, bear-
ing as followeth : —
" Becaus that conscience is the onlie argument that moved me
thus wise to protract tyme, till I have perfytter resolutioun ; and
being farre from an opinatour, or anie that is givin over to self-will,
as appeareth by my yeelding to heare conference ; and lastlie, by
my going to the kiik ; I first would have craved, if possible it
could have beene, that I might have beene heard with my owne
mouth, that I might most heartilie intreat, that a tyme might be
condescended by your Worships, within the which, as it sail please
you to conclude, I offer, ather to satisfie the kirk, or presentlie to
find sureteis under great summes, to avoide the countrie before
the day to be prescribed by your Worships.
" JEt sic suhscribitur Huntlie."
" And conforme thereto, desired the same to be considered ; and
requeists, in respect of the offer therin conteaned, the pronouncing
of the said sentence of excommunicatioun against his Lordship
might be continued.
" Wherewith the Assemblie being rypelie advised, found the offers
conteaned in the said supplicatioun to be verie frivolous, and no
wise inclyning to obedience and satisfactioun. In respect wherof,
and for manie other causes and consideratiouns, and speciallie,
becaus his Lordship, by his band subscribed with his hand upon the
last day of Junie 1608 yeeres, presentlie produced in face of the
Assemblie by the commissioners of Aberdeene, bound and obliged
760 calderwood's historie 1603.
himself to satlsfie the kirk, by communicating betuixt the date
therof, and the 17th day of Julie last bypast, otherwise the minis-
trie to proceed with the sentence of excommunicatioun against him ;
as in the said band at more lenth is conteaned : Therefore, the
whole Assemblie all in one voice ordeaneth the sentence of excom-
municatioun presentlie to be pronounced against him by the
moderator of the Assemblie, in face of the Assemblie, without anie
delay.
" Conforme to the which ordinance, Mr James Law, Bishop of
Orkney, moderator of this present Assemblie, in face therof, in
most solemne forme, pronounced the sentence of excommunica-
tioun against George Marquesse of Huntlie.
" Which sentence is ordeanned to be intimated in all the kirks of
this realme, by the ministrie, the nixt Sunday, immediatiie after
their returning from this Assemblie ; and in speciall, they command
and ordeane the brethrein of the Synod of Aberdeen e and Murrey,
to intimat the sentence in their kirks immediatiie after their
returning ; and inhibits, and most straitlie chargeth them and
everie one of them, that they receave no offers of satisfactioun
from the said marqueis, but the speciall advice of his Majestic and
the kirk had thereto.
*' The commissioners appointed in the former sessioun for giving
in the names of Papists, the causes of their increasse, and remeeds
to obviat the same, produced their particular rolls concerning the
said heads, which the Assemblie thought good sould be revised,
abridged, and putt in order by the Bishop of Glasgow, Mr Patrik
Simsone, Mr William Cowper, Johne Clappertoun, Mr Johne Hall,
and Mr George Hay, to the effect that the same might be presented
by them to the privie conference the nixt morning, that therafter
they may be treatted in face of the Assemblie."
" Acta Sessione quarta, 28 Julii, ante meridiem.
" Forasmuche as the brethrein of the Presbyterie of Glasgow and
Synod of Cliddesdaill, who were appointed to deall and conferre
with William Erie of Angus, Lord Dowglas, &c., for bringing of
1608. OF THE KIRK OF SCOTLAND. 761
him from blindnesse and superstitioun of Papistrle and idolatrie,
to the acknowledging of the truthe presentlie professed in this
realme, did testifie in presence of the Assemblie, that they could
see no appearance in his Lordship of conversioun from his errours,
but that rather, by all evident tokins, he was the more obstinat
and obdured in his heresie of Papistrie, which he some tyme
abjured of before, by subscribing to the true religioun presentlie
professed within this realme : Therefore, the Generall Assemblie
decernes and ordeanes the Presbyterie of Glasgow to proceed
against the said William Erie of Angus with the censures of the
kirk, untill the finall pronouncing of the sentence of excommunica-
tioun against him inclusive, with all possible diligence ; and that
they pronounce the said sentence against him betuixt and the 18th
day of September nixtocum. To whom, the Assemblie committs
their full power to that effect ; discharging and inhibiting anie of
them to receave anie offers from the said noble lord, for absolving
him from the said sentence, without the advice of his Majestic and
commissioners of the Assemblie had and obteaned thereto.
" Forasmuche as the brethrein of the Presbyterie of Perth, who
were appointed to reasoun and conferre with Francis Erie of Erroll,
Lord Hay, for bringing of him from blindnesse, and superstitioun
of Papistrie and idolati'ie, to the acknowledging of the truthe
presentlie professed within this realme, did testifie in presence of
the Assemblie, that they could see no appearance in his Lordship
of conversioun from his errours, but that rather, by all evident
tokins, he was the more obstinat and obdured in his errour of
Papistrie, which he sometyme abjured of before, by subscribing to
the true religioun presentlie professed within this realme ; there-
fore, the Generall Assemblie decernes and ordeanes the Presbyterie
of Perth to proceed against the said Francis Erie of Erroll with
the censures of the kirk, unto the finall pronouncing of the sentence
of excommunicatioun against him inclusive, with all possible dili-
gence ; and that they pronounce the said sentence against him
betuixt and the 18th day of September nixtocum. To whom the
Assemblie committs their full power to that effect ; discharging
762 calderwood's historie 1608.
and inhibiting anie of them to receave anie offers from the said
noble lord for absolving him from the said sentence, without the
advice of his Majestic and the commissioners of the Assemblie
had and obteaned thereto.
" Forasmuche as by the declaratioun of the brethrein of the Pres-
byterie of Irwing, it veas made known to the Assemblie, that after
long dealing and conference had by them with * # * Lord
Sempill, for bringing him to the acknowledging of the truthe, and
embracing of the true and sincere religioun presentlie professed
wathin this realm e, they could not reape anie good fruict of their
labours and travells taikin with him ; but by the contrare, he still
continued obstinat and endured in his detestable errour of Papistrie
and idolatrie, to the great hurt and evill exemple of the rest of the
countrie : Therefore, the Generall Assemblie presentlie conveened
chargeth straitlie and commandelh Mr Alexander Scrimgeour,
moderator of the Presbyterie of Irwing, under the paine of infomie,
and deprivatioun from his functioun, to pronounce the sentence of
excommunicatioun against the said « * * Lord Sempill, in the
kirk of Irwing, upon the Sunday, the 14th day of August nixtocum,
after the sermoun, but anie delay or impediment whatsomever ;
and that the whole brethrein of the ministrie within the bounds of
the Synod of Kyle, Carict, and Cuninghame, intimat the said
sentence of excommunicatioun so pronounced against the said
# * * Lord Sempill, everie one of them in their owne parish
kirks, upon Sunday nixt, and immediatlie following therafter;
discharging also and inhibiting the said moderator and remanent
brethrein of the said Synod to receave anie offers of satisfactioun
from the said Lord Sempill, without the advice of the king's Ma-
jestic and commissioners of the Generall Assemblie had and
obteaned therto."
" Acta Sessione quinta, 28 Julii, post meridiem.
" The brethrein appointed of before for revising and putting in
order of the causes of the increasse of Papistrie within this realme,
and of the overtures for remeeding and suppressing the same,
1608. OF THE KIRK OF SCOTLAND. 763
gave in the said causes and remedeis thcrof, of which the tenour
followeth : —
"The causes of the growth and increasse of Papistrie within this
realme are thought ather to arise of the part of the ministrie, or
ellis of other causes arising from the ministrie.
" 1. Their negligence to see the youth in everie parish brought
up in the knowledge of the truthe by catechizing, and carelesnesse
to urge provisioun for schooles within their bounds.
" 2. The rashe and suddan admissioun of men to the ministrie,
that are not able to withstand and convince the adversarie : A
dangerous evill in the dayes of apostasie.
" 3. The laike of care in ministers to marke the offences, viz., to
consider the course of the enemie, and to discover and delate
Jesuits and traffiquers in religioun, and others perverted by them.
" 4. The distractioun arising among the ministrie, whill as diver-
sitie of judgements has drawin them unadvisedlie to contrarietie of
affectiouns, breeding carnall contentiouns among themselves."
OVERTURES FOR REMEEDING OF THE CAUSES FORESAIDS.
"1. That it be of new enacted, that all ministers examine young
children of the age of six yeeres, and try that they have the Lord's
Prayer, and Articles of Beleefe, with the Commandements. In
the which, their parents sail be holdin to instruct them before the
said yeeres, together with some short forme of Grace before and
after meate, as also, some short morning and evening prayer. And
againe, that their grouth in knowledge in greater points of reli-
gioun be tryed, that afterwards it may please God to grant increasse
of knowledge, at the age of fyfteene or sixteene yeeres, they may
be admitted to the Holie Communioun.
"2. That the apostle's precept may be remembred, 'Lay hands
suddanlie on no man ;' and according to it, that for closing of the
doore upon the affectiouns of men, some longer tyme be prescribed
for admissioun of men to the ministrie, the exceptioun of rare gifts
being referred to the judgement of the Generall Assemblie.
764 calderwood's historie 1608.
" 3. That ministers who sail be found after tryell to have delayed
executioun of discipline against Papists upon negligence, that is,
ather not beginning processe, or if it be begunne, not ending the
same within halfe a yeere, sail lose a yeere's stipend ; and these
that sail be found to have done it upon some corrupt favour sail
be simplie deposed.
'' 4. That there be recommended to the ministrie a holie care
mutuallie to eshew offences, and follow peace and love, wherunto
we are called. The meanes for removing suche offences are referred
to the Generall Assemblie."
CAUSES OF THE GROUTH OF PAPISTRIE, AS THEY ARE CONCEAVED
TO ARISE OF OTHERS.
" 1. The overseing of Jesuits and Seminarie preests to traffique
within the land, for perverting of suche as have not had occasioun
to goe out of the countrie, and impunitie of suche as have receaved
them. As also the libertie that evill disposed persons voide of
knowledge have taikin of the injurie of tyme, to bring home the
bookes of apostats and professed Papists.
" 2. The preferment of men suspected of religioun to publict
offices within this realme.
" 3. The favour shewed by these that are in authoritie to traf-
fiquers and excommunicated Papists, after that they had beene
apprehended and wairded ; suche as the Abbot of New Abbey,
and other masse preests, dimitted as is thought, out of waird, not
without re waird, and without all warrant of his Majestic, and
presentlie tolerated in this countrie without pursute ; which has
not onlie wrought a coldnesse in religiovm in the hearts of manie
people, but also nourished a false opinioun of his Majestic, which
openlie bursteth out in the mouths and speeches of manie.
" 4. That where presbytereis are proceeding in the tryell of masse-
sayers and masse-hearers, impediment is made by the lords of his
Majestie's counsell, ather by advocatioun before the lords, or
dispensatioun to suche as are excommunicated, or by contramand-
1608. OF THE KIRK OF SCOTLAND. 765
ing the presby terie to desist, under the palne of horning ; and that
excoramunicatioun being produced against anie person before the
judges, the same is not regarded, but processe granted unto him
as if he were a member of the kirk, and not excommunicated.
" 5. The great Ubertie granted to the subjects of this kingdom, to
repaire unto suche parts wherin nothing is taught but defectioun
from religioun, and treasoun against lawful! princes, and no securi-
tie taikin for their constancie ; and in speciall, the sending of
noblemen's sonnes by suche as are in authoritie furth of the land,
with suche convoy as may deliver them into the hands of Papists
to be perverted in religioun, wherupon manie of them are become
apostats.
" 6. Last, the want of preachers in manie congregatiouns in this
land ; so that in one province, threttie-one kirks are to be found
vacant, and in others, some seventeene, as in Nithisdaill, and
others twentie- eight, as in Annerdaill, and siclyke in manie parts
of the land."
OVEKTUEES FOR REMEEDING THE CAUSES FORESAID.
" 1. That a commissioun be granted by his Majestic to the bishop
of everie synod, with suche weill-aflfected noblemen and gentlemen,
as the commissioners of the Generall Assemblie sail nominat, to
apprehend traffiquing Papists, Jesuits, and Seminarie preests, that
doe haunt within their bounds ; with power to charge the recepters
to make patent doores, and deliver them, under the paine of
treasoun.
" 2. That his Majestic be humblie intreatted, that no Papists, or
suspected of Papistrie, beare charge in counsell, sessioun, governe-
ment of touns, nor other like offices ; and if there be anie in the
estat presentlie, whom his Hienesse knowes in his owne wisdom to
be men evill affected toward religioun, that his Majestic would be
pleased to take order therewith.
" 3. That his Majestic will give order for the executioun of his
Highnesse' lawes against Papists and traffiquers with all rigour ; and
766 calderwood's historie 1608.
that no favour be granted by anie officer of estat, without his Ma-
jestie's privitie, under paines of incurring his Majestie's high dis-
pleasure ; as also, that the counsell make no impediment by their
letters of horning, to discharge the proceedings of presbytereis
against the persons foresaid.
" 4. That Papists who first have beene knowne professors of Pa-
pistrie, and for eshewing of civill paines or hope of preferment will
abjure their religioun, that his Majestic will be pleased to caus
inact, that it sail not be lawfuU to suche to injoy any office or hon-
our in the commoun wealth, notwithstanding of their oath and
communicating, till five yeeres probatioun has beene taikin of
their constancie and sinceritie in professioun of the truthe.
" 5. That the act made at Bruntiland concerning the sonnes of
noblemen and others passing into other countreis, be considered
and confirmed, wherof the tenour followeth : —
" Item, For eshewing of further evill which might come to the
estat of religioun by the evill educatioun of the youth furth of the
countrie, it would be craved of his Majestic and Secreit Counsell
that suche noblemen and others as direct a pedagogue with their
sonnes furth of the countrie, that their pedagogue be knowne godlie
and of good religioun, learned and instructed in the same, and ap-
proved in his religioun by the testimoniall of his presbyterie ; that
their remaining furth of the countrie in the places where the reli-
gioun is presentlie professed, or, at the least, where there is no re-
straint of the same by the crueltie of inquisitioun, that during the
tyme of their absence they sail not have anie exercise of idolatrous
religioun ; and suche as have not the moyen to susteane a peda-
gogue with their sonnes out of the countrie, that they send them
to suche parts where there is no restraint of religioun. And incace
their sonnes, after their departure out of the countrie, haunt these
parts where the professioun of the true religioun is restrained, that
they find cautioun not to interteane them. And incace anie that
passe furth of the countrie embrace anie other religioun than that
which is presentlie professed within this realme ; and this to be an
exceptioun against their service of their breeves, and at the tyme
1608. OF THE KIRK OP SCOTLAND. 767
of the admissioun of them to anie offices or honours. And Incace
anie of their parents controveene anie of the premisses, that they
incurre suche paine as his Majestic and Secreit Counsell sail modi-
fie ; and that suche as are alreadie out of the countrie be called
backe againe before a day to be appointed by his Majestic and
Secreit Counsell ; or ellis, that their parents be subjects to the like
conditioun as is before sett doun, with suche other additiouns to
be ecked as his Majestic sail thinke expedient. And in speciall,
for better explanatioun heerof, that at cverie service of anie man
as heyre to his father or anie his predecessors, he be not served by
the shireiF or anie ordinar judge to burgh or to land as heyre to
his father or anie his predecessors, without the testimoniall of the
bishop and moderator of the presbyterie where he dwelleth, bearing
the confessioun of his faith, and integritie of religioun presentlic
pi'ofesscd within this realme."
" 6. That the sonnes of suche noblemen as professe Papistrie be
delivered into the custodie of other their noble freinds that are of
religioun, to be brought up in the knowledge of the truthe.
" 7. That the searchers of merchandise brought home from beyond
sea be commanded to seaze upon the bookes brought home, and
present them to be tryed by the ministrie of the presbyterie into
the which they arrive ; and that all booksellers likewise doe the
same before they make opin sale therof, under the paine of con-
fiscatioun.
" 8. That excommunicated Papists, speciallie suche as be of ranke,
be apprehended and putt in closse waird, and none have accesse to
them except suche as are of religioun presentlic professed.
'' 9. That his Majestic give order for the douncasting of the Laird
of Geicht's chappell, the hous of Johnc Cheyn in Kissilmouth,
who receptcth all Jesuits and Semlnarie preests.
" 10. That order be taikin with the pilgrimages, viz., to the chap-
pell called Ordiquhill, and the Chappell of Grace ; and to a well
in the bounds of Einzie, upon the south side of Spey.
"11. That suche persons as are or sail be excommunicated and
beare publict office within this realme, and thereafter putt to the
768 caldeewood's historie 1608.
home, that they nor their deputs sail bruike no office nor authoritie
under his Majestic after their denunciatioun, but that his Majestic
sail appoint others in their rowmes, to doe and minister justice to
his Majestie's lieges.
" 12. Last, that his Majestic would take order anent the planting
of the kirks that are presentlie destituted of pastors, and in speciall,
anent the kirks of the Chappell Royall.
" Which whole causes of increasse of Papistrie within this realme,
with the overtures for remeeding therof, the Assemblie has thought
expedient that the same be directed to his Majestic, with an humble
supplicatioun, requeisting his Highnesse to take suchc order ther-
anent as his Majestic sail thinke most expedient for repressing of
Papistrie, and increasse of the truthe and light of the Gospell
within this realme ; wherunto the Erie of Dumbar, his Majestie's
commissioner, with the remanent of the nobilitie presentlie con-
veened in this Assemblie, has promised to concurre ; and therefore
the Assemblie has nominated, and by these presents nominats,
George Erie of Dumbar, Wigtoun, Johne Archbishop of Glasgow,
♦ * * Livingstoun of Kilsyth, Mr William Cowper, minister
at Perth, James Nisbit, burgesse of Edinburgh, and Mr William
Hart of Prestoun, their verie lawfuU commissioners : Giving them
their full power to present the humble supplicatioun of this present
Assemblie to his Majestic, together with the causes of increasse of
Papistrie, and overtures for remeed therof above rehearsed ; desir-
ing them that they would most humblie intreate his Majestic to
consider of the same, and if his Highnesse thought expedient, to
cans the same be putt to executioun ; and that the rather becaus
that after the last conventioun holdin at Linlithquo, wherat there
were manic good acts and constitutiouns sett doun and concluded,
the Papists did neverthelesse most proudlic and contempteouslie
upbraid diverse of the ministrie, rninassing them that they or the
nobilitie conveened with them at that tyme durst be bold to con-
clude anic thing that might tend to the prejudice of Papists or
Papistrie, as was cleerely understand by the brethrein conveened
in this Assemblie."
1608. OF THE KIRK OF SCOTLAND. 769
" Acta Sessione sexta, 29 Julii, ante meridiem.
" The which day, the Assemblie thought expedient that the com-
missioners above specified, elected and chosin to present the suppli-
catioun of this present Assemblie to his Majestic as is above rehears-
ed, sail with all commodious diligence repaire to his Majestic, and
with all humilitie present the said supplicatioun to his Highnesse ;
and what ansvvere it sail please his Majestic to give, that thej may
report the same betuixt and the 16th day of November nixtocum.
And to that effect, the Assemblie has chosin out of their number
the noblemen, barons, and brethrein underwrittin, viz., the Erles
of Crawfurd, Mortoun, Glencarne, Linlithquo, Kinghorne ; the
Lord Grahame, the Lords LIndsey, Saltoun, Lovat, Torphichin,
Lowdan, Skoone, Bugcleuche, Blantyre, Halyrudhous ; the Con-
stable of Dundie, the Lairds of Kinnaird, Balvaird, Carnell, Howes-
toun, Edmistoun, Broxmouth, Polwart, Sir Johne Hume of North-
berwick ; the commissioners of Edinburgh, Perth, St Andrewes,
Glasgow ; with the brethrein after following, Mr William Dowglas,
Mr Alexander Raw^sone, Mr Abraham Sibbald, Mr Johne Eeid,
Mr Arthure Futhie, Mr Andrew Eamsay, Mr Johne Kinnear, Mr
David Lindsey, Mr Adam Bannatyne, Mr Patrik Wemes, Mr
Edward Hepburne, Mr George Ramsay, Mr William Methven,
Mr Patrik Schaw, Mr ^^'illiam Birnie, Mr Walter Stuart, Mr
Hugh Foullertoun, Mr Johne Mackquhoune, Mr Thomas Ramsay,
Mr Robert Glendinning, together with the Commissioners of this
Generall Assemblie, to conveene at Edinburgh the said 16th day
of November nixtocum ; and there to receave from the said com-
missioners the report of his Majestie's most gracious answere to the
supplicatioun foresaid, in name of the whole Assemblie ; and in
the meane tyme the Assemblie commandeth and ordeaneth the
whole presbytereis within this realme to proceed against Papists of
all sorts within their bounds with the censures of excommunicatioun.
" The said day, the commissioners of the last Generall Assemblie
being called to give acompt of their whole proceedings since the
last Assemblie, compeering, oflfered themselves to be tryed in their
VOL. Yi. 3 c
770 calderwood's historie 1608.
proceedings by the present Assemblie, to abide at the censure of
the same. And being demanded for productioun of their acts and
proceedings in writt, declared by the mouth of Mr Johne Hall,
their moderator, in absence of Mr Patrik Galloway, that the same
could not be found, by reasoun, that sometyme Mr James Nicol-
sone, minister at Meigle, and in his absence umquhile Mr Richard
Thomsone, minister at Cassiltoun, were ordinarie scribes, and
keepers of the rolls of all their proceedings, who are both deceassed
this life. And albeit they have made travell at their executors'
hands for obteaning of the said scrolls, yitt they could on no wise
atteane unto the same ; and therefore they, and everie one of them,
did offer themselves to be particularlie censured by this present
Assemblie. In respect wherof, the Assemblie ordeaned them all
to remove; which being done, Mr William Cowper, moderator,
appointed to this effect, demanded publictlie if anie of the Assem-
blie had anie thing to object against the said commissioners' pro-
ceedings, why the same sould not be ratified and allowed ? and in
respect of the taciturnitie of the whole brethrein, and that nothing
worthie of censure was objected to anie of them or their proceedings,
the saids commissioners being returning in the Assemblie, tooke,
instruments of the ratificatioun and allowance of their said pro-
ceedings.
"The said day, the brethrein of the Generall Assemblie presentlie
conveened, having advisedlie considered the necessitie of electing
and choosing commissioners from this present Assemblie, for giving
advice to his Majestic anent the suppressing of Papisticall super-
stitioun, which increasses more and more daylie within this realme ;
therefore they have made, constituted, and ordeaned, like as by the
tenour hereof they make, constitute, and ordeane Mr George Glade-
stains, Bishop of St Andrewes ; Mr Johne Spots wod. Bishop of
Glasgow ; Mr David Lindsey, Bishop of Eosse ; Mr Alexander
Lindsey, Bishop of Dunkelden ; Mr Peter Blekburne, Bishoi) of
Aberdene ; ]\Ir James Law, Bishop of Orkney ; Mr Alexander
Dowglas, Bishop of Murrey ; Mr Gawin Hammiltoun, Bishop of
Galloway ; Mr Alexander Forbesse, Bishop of Cathnesse ; Mr An-
1608. OF THE KIRK OF SCOTLAND. 771
drew Lamb, Bishop of Brechin ; Mr Andrew Knox, Bishop of the
Isles ; Mr Patrik Galloway, Mr David Hume, Johne Clappertoun,
Mr Johne Knox, Mr Robert Howie, Mr Johne Hall, Mr Johne
Caldcleuche, Mr Johne Strauchane, Mr Andrew Boyd, Mr An-
drew Leitche, Mr Eobert Wilkie, Mr Patrik Schairpe, Mr Patrik
Simsone, Mr George Hay, Mr Patrik Lindsey, Mr William Scot,
Mr Adam Banna tyne, Mr Johne Hay, and Mr William Cowper,
or anie ellevin of them, their verie lawful! and undoubted com-
missioners from this present Assemblie ; giving, granting, and com-
mitting to them, or anie ellevin of them, as said is, full power to
plant suche kirks in the speciall burrow touns, as presentlie are,
or sail be found destitute of pastors, before the nixt Assemblie :
Attour, if it sail happin the king's Majestic to be greeved at anie
of the ministrie, for whatsomever enormitie committed by anie of
them against his Highnesse, with full power to them, or anie ellevin
of them, as said is, to try and cognosce therupon, and take suche
order theranent, as they sail think expedient to the glorie of
God and weale of the kirk : And, finallie, with power to them to
present the greeves and petitiouns of the kirk to his Majestic, his
Highness' Secreit Counsell, generall conventlouns, and Parliament,
that sail happin to occurre before the nixt Assemblie ; and to crave
redresse of the same ; ordeaning them to give compt of their pro-
ceeding to the nixt Assemblie, where it sail happin to conveene.
Promitten. de rato.
" It is alwise speciallie provided, that this present nominatioun of
the same commissioners which were for the most part commis-
sioners in the last Assemblie, sail no wise be prejudiciall to the
libertie of the Assemblie, in choosing and electing commissioners,
whom they sail thinke most meete and expedient ; nather sail this
electioun induce or import anie perpetuitie of the office in the per-
sons elected.
^^ Item, It is statuted, that the whole commissioners be desired and
wairned to keepe all their conventions, if opportunelie the same may
be done.
"Forasmucheas thedistractiouns and eyelastswhich are suspected
772 calderwood's historie 1608.
to be in the hearts of the brethrein amongst themselves, is one of
the most speciall and urgent causes of the increasse of Papists and
Papistrie within this realme : Therefore, for avoiding of that, cer-
tan of the brethrein, viz., the Bishops of St Andrewes, Glasgow,
Rosse, Orkney, Mr Johne Hall, Mr Patrik Simsone, Mr William
Cowper, and Mr Johne Knox, conveene with his Majestie's com-
missioner, to advise upon the most solide and substantiall overture
for removing of the said eyelasts and distractioun, and to report
the same to the nixt sessioun."
" Acta Sessione septima^ 29 Julii, post meridiem.
" The said day, the brethrein appointed for advising upon the best
overtures anent the distractioun and eyelasts that were entered in
the hearts of the ministrie, declared, that after mature delibera-
tioun, they found the said eyelasts and controverseis to arise, ather
upon distractioun of affectiouns, or ellis diversitie of opiniouns ;
the first wherof being carnall, and therefore more dangerous, be-
caus it suffered not the brethrein whose affectiouns were separated,
to unite themselves with efFald and uniforme counsell and advice,
to resist the subtile practises of the commoun enemie, and so give
him place, with his subtile crafts and shifts, to enter in the kirk of
God, and thereby to supplant and undermyne the same : There-
fore their advice was, that as the danger increasseth by nourishing
of the distracted affectiouns of the brethrein, even so the cure was
the more necessar, and the more haistilie to be applyed, to witt,
that the Avhole brethrein in the ministrie sould presentlie in the
feare of God, lay down all rancour and distractioun of hearts and
affectiouns, which either of them have borne against others in anie
tyme bypast, and be reunited and reconciled with heartie affec-
tioun in Christ, as becomes them who are ministers of the Word
of God, and preachers of peace, and Christian love, and charitie to
his people : To the effect, that by this heartilie reconciliatioun,
their hearts and advice may be conjoynned, for disappointing of
the craftie device of the commoun enemie.
" Which advice, the whole brethrein of the Assemblie most lov-
1608. OF THE KIRK OP SCOTLAND. 773
Inglie and heartille embraced, and ordeaned everle one of them, als
Weill commissioners present, as of the ministrie that were absent,
to obey the same, by laying down, and casting away all grudge or
rancour, that anie of the brethrein did beare at others. In tokin
wherof, and of an effald unioun of hearts and affections, they all
held up their hands to God, testefeing to His majestic the truthe
of their hearts in the said mater ; and likewise, they ordeaned the
same to be intimated to the rest of their brethrein, at their returning
to their presbytereis, to the effect that the same may be done in
every presbyterie, immediatelie after their returning, as said is.
Inhibiting also and discharging anie suche distractiouns or ran-
cours to be amongst them, ather in affectioun, or in word, deid, or
countenance, but that they concurre in a mutuall freindship, and
holie amitie in God, as becomes the pastors of the kirk of Christ ;
and whosoever doeth in the contrare, that he be censured in his
owne presbyterie or synod ; and incace of their negligence, by the
Commissioners of the Generall Assemblie.
" As for the secund caus of eyelasts, which is said to arise upon
the diversitie of opiniouns ; because the said diversitie of opiniouns
resulteth upon different judgements among the brethrein concern-
ing the externall governement and discipline of the kirk, which
cannot be so shortlie discussed and advised upon as the brevitie
of the Assemblie permitteth : Therefore, it was the opinioun of the
brethrein foresaid, that the same sould be delayed to a tyme more
convenient ; and in the meane tyme, certan appointed to reasoun,
treate, and advise upon the same ; which likewise the Assemblie
has thought expedient ; and therefore they have elected and chosin
the brethrein after following; viz., the Bishops of St Andrewes,
Glasgow, Dunkelden, Orkney, Cathnesse; Mr Patrik Schairpe,
Mr Robert Howie, Mr Johne Mitchelsone, Mr Henrle Philip, Mr
George Hay, Mr Patrik Galloway, Mr Johne Hall, Mr Patrik Sim-
sone, Mr William Scot, Mr Archibald Oswald, Mr Johne Knox,
Mr Johne Carmichael, Mr Adam Bannatyne, Mr Johne Wemes, and
Mr William Cowper, commissioners in that part, to conveene with
his Majestic, or suche of his Majestie's Counsell as his Majestie
774 calderwood's histokie 1G08.
sail appoint, at suclie tyme and places as they sail be required by
his Majestic ; and to reasoun and consult in all maters standing
presentlie in controversie amongst the brethrein, anent the disci-
pline of the kirk ; and whatsoever they agree upon, to report to
the nixt Generall Assemblie.
" And in the meane tyme, whill the nixt Assemblie, for an in-
terim, the advice of the brethrein conveened at Falkland the
16th day of Junie last bypast be observed, anent the constant
moderator.
" Item, It is statuted and ordeanned, that as upon everie fyft
day of August, publict thanksgiving is given to God, for preserva-
tioun of his Majestic from the treasoun of sometyme Johne Erie
of Gowrie, throughout all the parts of Great Britaine, that evin
so the same be intimated at everie parish kirk with all possible
diligence ; ordeaning, that suche as refuse to doe the same be
observed, and delated to the Commissioners of the Generall
Assemblie.
" Item, Becaus the brethrein appointed for tryell of the diligence
of the commissioners appointed by the last Assemblie for visita-
tioun of the presbytereis did report, that it was a generall greefe
and complaint, givin in by the few commissioners that had pro-
duced their diligence, of the great desolatioun of the want of
pastors, and in speciall, the farthest of the north and south parts,
therefore the brethrein ordeaned the commissioners of this Assem-
blie to direct a supplicatioun to his Majestie, for talking order for
planting of the whole kirks within this realme.
*' And in respect of the great necessitie of the kirks of Anner-
daill, EAvesdaill, Eskdale, and the rest of the kirks of the Dales,
which are altogether unplanted, as likewise of the kirks of Cath-
nesse and Rosse, in the which it is regraited, that in raanie of
them the Holie Communioun was never celebrated : Therefore the
Assemblie has givin and granted, lyke as they, by the tenour
heerof, give and grant their full power and commissioun to the
brethrein underwritten, viz., to the Bishop of Glasgow, and Mr
Johne Knox, for visitatioun of the kirks of Annerdaili, Ewisdaill,
1608. OF THE KIRK OF SCOTLAND. 17 0
Eskdaill, and remanent Dales unplanted, as said is ; and the Bishop
of Cathnesse, George Dowglas, and Mr William Dowglas, for
visitatioun of the kirks of Cathnesse and Rosse ; with power to
them to plant ministers at the kirks within the said bounds re-
spective, and to try the literature, qualificatioun, and conversatioun
of suche as are alreadie planted. And incace of insufficiencie, to
deprive them of their functions. With power also, to cans kirks
be re-edified where as they are demolished, and if need beis, to
unite kirks where necessitie requires, and to report their diligence
to the nixt Assemblie. Promitten. de ratOj etc."
" Acta Sessione ultima^ penultimo Julii, ante meridiem.
" Item, Becaus a great part of the desolatioun of kirks proceed-
eth fi-om the absence of certan of the ministrie from their flocks,
by reasoun they are so confynned, therefore the Assemblie has
thought expedient, that their commissioners direct an humble sup-
plicatioun to his Majestie, most humblie desiring his Highnesse to
sett at libertie suche of the ministrie as are confynned, to the
effect, by their presence and awaiting on their cure, their flockes
may be conforted, which are now left desolate.
" Item, Becaus it is humblie lamented, that the inhabitants of the
toun of Aberdeene ceasse not yeerelie to elect and choose suche per-
sons to be magistrats, and upon their counsell, as are wilfull and
professed Papists, and enemeis to the truthe professed within this
realme, to the dishonour of God, and the dishearting of suche
as feare his name, and contempt of discipline within that burgh :
Therefore it is ordeaned by the Assemblie, that the Presbyterie of
Aberdeene inhibite the counsell and inhabitants of the said burjrh,
that they elect nor choose no Papist to beare office of a magistrat,
or upon the counsell, in anie tyme comming ; and if they doe in
the contrare, that they proceed against them with the censures of
the kirk. Ordeaning likewise the commissioners appointed for his
Majestie, to adjoyne this petitioun to the rest of their supplica-
tiouns, that by his royall authoritie a civill paine may be imponned
upon the contraveeners of the said act.
776 calderwood's histohie 1608.
" Item, It is ordeanned, that no minister in anie tyme commlng
take upon hand to solist in favour of Papists, or suspected of
Papistrie, ather before the civill or spirituall judge, or otherwise,
ather by word or writt, under the paine of deprivatioun.
" Item, Because there are sindrie supplicatiouns and bills givin in
to the Generall Assemblie, which for shortnesse of tyme cannot be
decided nor answered, therefore the Generall Assemblie remitts
the same to their commissioners above constituted, ordeaning them
to conveene upon the 15th day of November nixtocum, and
there to decide and answere all suche bills and supplicatiouns as
sail be directed unto them upon the backe, from this present
Assemblie.
" Item, Becaus it has pleased God of his mercie to grant a good
and happie successe to this present conventioun, to the confort of
his owne kirk, and discontentment of his enemeis, therefore the
Assemblie ordeanes the same to be intimated by everie presby-
terie at their severall parish kirks, immediatelie after their dis-
solving from this conventioun ; and that they give publict thankes
for the same, and pray God for a prosperous and long raigne to
his Majestic, and the health of his royall posteritie.
*' The nixt Generall Assemblie is ordeaned to hold at Edin-
burgh, the last Tuisday of May, the yeere of God 1609 yeeres, if
his Majestic sail thiuke expedient.
" Thankes being givin to God for the prosperous event of this
Assemblie, by prayer and singing of psalmes, the same was dis-
missed.
" Extract furth of the Register of the Acts of the Generall
Assemblie, by me,
" Mr Thomas Nicolsone,
" clerk, keeper, and extractor thereof."
In this Assemblie, convocated when the learnedest and wisest of
the ministrie standing for the established discipline were banished
or confynned, the bishops gott a great vantage. They were con-
tinued commissioners of the Generall Assemblie and perpetuall
1608. OF THE KIRK OF SCOTLAND. ^ 779
moderators of the presbytereis where they were resident. Under
pretext of reconciliatiouu, they insinuated themselves in the affec-
tiouns of the simpler sort ; and under pretext of a conference
appointed for removing differences of opiniouns, and abstinence
from all controverted points till they were determined, the bishops
thought they had stopped all the ministers' mouthes, and brought
in suspense and questioun what discipline was most lawfull, as if it
had never yitt beene decided amongst us ; wheras there was no
particular expressed, nather was it meant by the sincerer sort, that
the established discipline sould be called in questioun ; yea, the
bishops themselves professed they had no intentioun to alter it.
The meaning of the sincerer sort was onlie to conferre upon con-
troverseis alreadie rissin. That they tooke this advantage appeared
soone after at the exercise of the Presbyterie of St Andrewes,
where the doctrine was censured as delivered against the truce,
even as if one word must not be spokin of discipline to or fro.
The ministers appointed for the sincerer sort were chosin at the
pleasure of the other partie, some of them being present, others
confynned and absent, of which number some have become bishops
sensyne, namelie, Mr Adam Bannatyne, Mr Johne Abernethie,
and Mr William Cowper. Mr Johne Abernethie had givin a
proofe, at the Bishop of Orkney's last visitatioun of the Presbyterie
of Jedburgh, was by the bishop's procurement chosin commissioner
with another like himself, and George Johnstoun and Mr David
Calderwod chosin commissioners by the synod, before withoklin
by confynement in their owne parishes thi'ough the said bishop's
persecutioun. So Mr Johne Abernethie, now Bishop of Cathnesse,
Weill knowne to the Bishop of Orkney, was nominated to be at the
conference, and for the sincerer sort. No doubt, these men were
nominated of purpose to prevaricat and to try the stedfastnesse and
intentioun of the rest with whom they were joynned. The confyn-
ning and banishing of a number of the ministrie ablest to withstand
the corrupt course, and the procuring of commissioners from pres-
bytereis, with terrours on the one side, and flatterie and lees on
the other side, are sufficient reasouns to reject the authoritie of
778 cat.derwood's histokie 1608.
this Assemblie. But suclie Assembleis wanted not the assistance
of the civill authoritie.
MR J. MELVILL S JUDGEMENT OF THE ASSEMBLIE.
Mr James Melvill, two dayes before the Assemblie, after prayer,
with carefull meditatioun and fasting for the Kirk of Scotland, he
weyghed these places of Scripture, Johne xii. 28 ; Psahn Ixxxi. 12,
13 ; Psalme Ixxxv. 9 ; and after he had weyghed them, the trouble
of his solicite minde was asswadged. After he heard of the pro-
ceedings of the Assemblie, he wrote his judgement to one of his
familiar freinds, to witt, that he saw cleerelie that wherof he had
forewarned the brethrein ten or twelve y ceres before, that ather
God must change the king's heart, or the governement of the kirk
would be overturned ; for as he had begunne and proceeded with
authoritie and craft, so by the same meanes he Avould bring to
passe his purpose. The bishops being continued commissioners of
the Generall Assemblie, are strenthened in their course. What-
soever the king directeth to be done in ecclesiasticall effaires he
doeth by them. The ministers are subject to the perpetuall moder-
ators, the moderators to the bishops and commissioners, and they
to the king. The most part of the apj)ointcd pacificators will
agree to these conclusiouns for establishing the pretended peace of
our kirk, which is to be established in the nixt Assemblie.
The fyft day of August was solemnelie keeped with fires of joy.
The Erie of Dumbar and other noblemen came to the Croce of
Edinburgh.
Upon Fryday the 12th of August, George Sprott, sometyme
servant to the umquhile Laird of Restalrig, and after notar of
Haymouth, was hanged at the Croce of Edinburgh for concealing
the treasoun alledged committed by the umquhile Erie of Gowrie.
He was apprehended in Aprile, upon some reports which escaped
him that he was privie to the Erie of Gowrie's conspiracie ; wher-
upon he was brought to Edinburgh, and examined before the Lords
pf Secreit Counsell. Letters were found in his hous, alledged to
1608. OF THE KIRK OF SCOTLAND. 779
be wrlttin by the umquhile Laird of Restalrig to certane persouns
whose names could not be knowne, becaus the letters were not
directed on the backe. A relatioun was made in the letters of the
whole proceedings of Gowrie's treasoun, and about some meeting
appointed for that purpose betuixt the Erie, Mr Alexander his
brother, and the said laird in his hous of Fascastell. It was thought
strange by manie that the Erie of Gowrie and his brother would
communicate a purpose of suche importance to the Laird of Restal-
rig, a deboshed drunken man. This notar could counterfoote anie
man's hand writt vivelie, so that no man who knew Eestalrig's
hand writt could discerne it to be counterfooted. When he was
booted, as seemed, to try farther, he protested all was false he had
writtin or said in this mater, and willed his hearers to give him no
credit therafter if he spake or wrote otherwise. Secretar Elphin-
stoun was earnest to bring this purpose about, but gott little
thankes, as we sail heare soone after. The mater lying over till
the Erie of Dumbar's comming in the countrie, he caused take the
said George Sprott out of waird, and cure his legges, bruised with
the bootes. When he was presented before the counsell, he de-
clared, that albeit the letters were writtin and devised by himself,
yitt the mater itself was true, and that he was privie to the treasoun,
which he also affirmed before the assise.
The scaffold was sett hard to the croce, that the Erie of Dumbar,
who was over against the croce in Sir Johne Arnot's loodging, and
other noble men, might behold and see. Mr Johne Hall, Mr
Walter Balcalquall, Mr Peter Hewat, and Mr Patrik Galloway,
together with the English doctors, came to the scaffold. Mr
Patrik had the most part of the speeche to him. He againe affirmed
that Restalrig was privie to the treasoun, and himself also as a
servant, howbeit not as an actor : willed the people to pray for him
to God for pardoun to him that concealed that treasoun, and sang
a psalme. After lie was hanged, his bodie was brokin and quar-
tered, and his head sett up beside the Erie of Gowrie's. A little
before the executioun, when Mr Johne Spotswod, Bishop of Glas-
gow, said to Mr Patrik Galloway, " I am afraid this man make us
780 calderwood's historie 1608.
all ashamed ;" Mr Patrlk answered, *' Let alone, my Lord ; I sail
warrant him ;" and indeid he had the most part of the speeche to
him upon the scaffold.
Notwithstanding of Sprott's confessiouns, so manie as did not
beleeve before were never a wheate the more perswaded, partlie
becaus he was a false notar, and could counterfoote so fynelie men's
hand writts, for which caus he was worthie of death ; partlie be-
caus benefite was promised to his wife and childrein by the Erie of
Dumbar, and had suffered both death and torments as a false notar.
The people woundered wherefore Dumbar sould attend upon the
executioun of suche a meane man, and surmised that it was onlie
to give a signe when his speeche sould be interrupted, and when
he was to be cast over the ledder. Farther, it was unknowne to
anie man that ever Gowrie was acquainted with the Laird of Res-
talrig ; yea, suche was the accompt men had of Gowrie, that they
thought he would not discredit himself by contracting a familiar-
itie with so dissolut a man.
MR J. MELVILL DELATED BY MR MORTOTTN.
Upon Fryday, the ellevinth of August, Mr Mortoun, Vicar of
Newcastell, made a sermon before Philips and Alton, judges
itinerall, and delegat for the assises, the shireffs, justices of peace,
the major of the toun and his brethrein, upon Proverbs xxv. 5.
He made three rankes of the wicked : first, Jesuits, Seminarie
preests, and traffiqueing Papists : the secund, of mainteaners and
defenders of the presbyteriall discipline ; inveygheth against them,
nameth Mr Knox, Mr Buchanan, and others of the Kirk of Scot-
land ; wisheth all suche to be removed from the king, that his
throne may be established. Mr James Melvill, greeved to heare
the servants of God charged with treasoun and lese majestic, and
the truthe of God suppressed, sent to him the day following a
letter, wherin he admonished him gentlie. But, instead of an-
swere, he sent his letter to Scotland, and gave out, that he denied
the king's supreraacie. When the Erie of Dumbar, accompanied
1608. OF THE KIRK OF SCOTLAND. 781
with Mr Johne Spotswod, Bishop of Glasgow, and Mr Gawin
Hammiltoun, Bishop of Galloway, went up to court, and had
stayed at Newcastell foure dayes, Mr James seing no appearance
that Dumbar was to call for him, and hearing that the two bishops
had gottin his letter, and purposed to incense the king with it,
wrote to the Erie of Dumbar this letter following : —
MR J. MELVILL'S letter TO THE ERLE OF DUMBAR.
" Please your Honour : — That having attended calling for me
three dayes, and now perceaving your honour to be readie to take
journey, I could not conteane from breaking off patience, and im-
portuning of your honour a little, which being so good a justicer to
all, will not, I am certane, denie a small portioun therof to an old
poore freind. I have patience, I thanke God, and it were to suffer
the death ; but to be first publictlie in so great and honourable an
audience traduced and inveyghed upon, with all of my opinioun
(which is the truthe of God, as I believe) as a tratour and schis-
matick ; and when I sought to mitigat my sore some what with a
sincere brotherlie faire admonitioun, by a closed and signed missive
delivered in his owne hand, in place of anie sort of answere, to be
delated by his (for by none ellis it could be) to your honour, and
yitt I never called nor heard, it is more greevous than death, and,
therefore, intolerable, and out of all patience.
" My petltioun, then, at your honour's hands, is to be heard, for
in my knowledge and conscience, I have not offended in anie sort
against the state, or your Lordship's most honourable imployment
or persoun. And why then sould I thus be rejected ? Truelie, till
I heare your honour's owne mouthe, I nather can nor will beleeve
it, in respect of the long experience I have of your goodnesse, wis-
dom, equitie, and freindship.
" Thus humblie craving pardoun for my impatient importunitie,
expecting suche good answere as your honour is accustomed in all
guche good causes, and myself have speciall good prooffe of; I rest,
committing alwise your honour to God's gracious blessing, governe-
ment, and protectioun."
782 calderwood's historie 1G08.
CONFERENCE BETWEENE MR J. MELVILL, THE ERLE OP DU3IBAR,
AND THE BISHOP OF GLASGOW.
Immediatlie before he mounted on horsebacke, he sent for Mr
James ; and when he came, went to his bed-chamber, and sitting
in his chaire of honom*, beganne to speeke to Mr James. Skarse
had he ended a full period, when the Bishop of Glasgow cometh in
verle sawcilie, uncalled for. Dumbar continued in his speeche,
saying, he woundered at Mr James his wisdom, that the king
would be als offended at him as he was at his uncle Mr Andrew ;
and that he sould be called South, etc. Mr James answered, and
reported the whole proceedings betwixt Mr Mortoun and him.
The Bishop of Glasgow compleaned to the erle, in Mr Mortoun's
name, that he had spokin against the Bishops, and order of the
Kirk of England, and speciallie the Bishop of Durhame ; and that
his sonnes had spokin against the Bishops of Scotland. Mr
James answered, " These tales are but forgereis : my two yeeres
schooling in England might have taught me to be wiser than to
speeke against the persons of anie man." As for his sonnes, this is
the first tyme that he heard anie complaint of them, etc. In end,
the bishop protested great favour to Mr James, acknowledging him
to have beene his maister. He will him to request my lord, that
his letter be not delivered to the king. Mr James ansAvered, " Let
my lord use his owne wisdom in that mater ; for he had the copie of
the letter, which would answere for itself; unlesse he, and suche as
he stirred up the king, there was nothing in the letter to offend
his Majestic, but rather that which deserved thankes, becaus it
tended to the furtherance of the unioun. The bishop said, he
knew the king would be offended that he gave him no more place
in the kirk, but to be ex Sanctis fratribus unus, for the king thought
he had a high place. Mr James answered, '' I gave the king als
muche as anie divine or theologue that ever I read, or as anie of
the learned in England that have writtin in that mater ; and wishe
that yee, and suche as yee, putt not the king in opinioun of
1608. OF THE KIRK OF SCOTLAND. 783
farther than God hath givin him, for they were his Majestie's
greatest enemeis that did so. With this, the erle saying, Mr
James would be sent for, went to the doore ; and the bishop turn-
ing him from Mr James, followed the erle. And so Mr James was
left alone to thinke upon his letter.
In the beginning of September, the Duke of Wirtenburg, a
prince in Germanie, a young man of comelie behaviour, accom-
panied with twentie-foure in traine, came to see the countrie.
He was convoyed from place to place by noblemen, by the king's
directioun, and weill interteaned. His traine were all clothed in
blacke.
MR A. MELVILL'S LETTER TO A PREIND.
Upon the fourth of September, Mr Andrew Melvill wrote this
letter following, in the Towre of London, and sent it to a freind
in Scotland, Avho had beene steadable to him in his trouble : —
" Grace and peace in the Lord be with you for salutatioun.
The sweet-smelling sacrifice of your voluntarie oblatioun, as it has
breached the heaven, and returned acceptable and pleasant to the
throne of grace from whence it proceeded ; even so, the smell ther-
of is come hitherward, and has made an opin passage unto itself,
from the exteriour senses to the inward man, careing your zealous
charitie to the ardent affectioun of a thankefull heart, wanting
nothing but moyen to make some Avorthie correspondence in effect.
Thus unfainedlie in the bowells of Christ Jesus, whose love has
overrulled your tender affectioun toward me in his caus, a sure de-
monstratioun of your strong faith, and steadfast hope, looking for
that recompence of reward which the fleshlie eyes have not scene,
nather can see ; you have brokin your bread upon the waters, and
sowin your seede notwithstanding the stormie seasoun ; wherin,
neverthelesse, I have felt nothing hitherto but faire and pleasant
weather, keeping both soule and bodie in a cheerefull dispositioun,
(suche is the bountifull grace of our mercifull heavenlie Father
toward me, in this valley of miserie, and shadow of death,) so that
784 calderwood's historie 1608.
nothing is come against my heart to trouble me, but the afflictioun
of the brethrein, and bearing doun of the caus, by the ignorance of
some, and craft of others ; for charitie 'will not suffer me to suspect
malice in anie.
" Deere brother, I must confesse unto you, as it is, indeid, that
miraculouslie above all expectatioun, the Lord has upholdin and
underpropped my weaknesse, that nather ^\-earinesse in bodie, nor
faintnesse in soule, has assailed me unto this day ; but, in an whole-
some bodie, I have alwayes caried an inward peace of conscience,
with great cheerefulnesse in spirit ; being conforted by experience
of perfy tting the promises made unto us in the Word of that Prince
of Glorie, and God of all consolatioun, yea, even feeling the same
most sweetlie watering my barren soule with drops of grace from
above, in suche sort, that I darre not conceale from you the wayes
of the Lord, in his incomprehensible mercie toward suche a poore
wretch as I am. "Wherefore, I lay ni}^ compt at his good pleasure,
to be drawin yitt heere on the stage, to play a duetifull part in
bearing witnesse to the veritie, and to proclame that which the
spirit that has possessed the worldlings cannot weill beare with ;
not in presumptioun of anie strength or worthinesse in myself,
miserable sinner, but in the assurance of him who has made the
promise, whose secreit workings have prevented my Avishe ; at cer-
tane tymes giving me forewarning in a part, of that wherin he was
to employ me ; wherof I thanke him, bowing the knees of my heart
before the throne of grace, and begging, daylie and hourelie, mer-
cie, grace, and thankefulnesse, with constancie and perseverance, to
serve and glorifie him unto the end, and in the end. Amen.
" This I powre in your bosome, as conferring Avith him, whom I
embrace as my owne self in the Lord, to be communicated in
part or whole, at your discretioun, to suche as yee know will
thanke God unfainedlie therefore ; unto whom, as my deere freinds
and beloved brethrein in Christ, I present my loving commen-
datiouns one by one, as if I had named everie one in special!,
(which at this tyme were to me impossible,) brethrein and sisters,
east, west, south, and north, in burgh or to landAvart ; universitie,
1608. OF THE KIRK OF SCOTLAND. 785
colledge, presbyteric, gentle, simple, all true Christians, whom I
love with inteere affectioun, as alwayes see with the eyes of faith,
commending them in my prayers to the grace of God in Christ
Jesus.
" Your Brother, whom I know yee love in Christ.
" The 4th of September."
MR W. scot's letter TO MR J. MELVILL.
Mr William Scot, minister at Cowper, after that he understood
what Mr Mortoun, Vicar of Newcastell, had done to Mr James
Melvill, he sent to him this letter following : —
" My loving and deere Father, — I receaved your letter. I
thanke the Lord of your health and courage, and hope that he sail
honour himself, and save his owne from Satan's rage, in false and
seditious men called brethrein, but unworthie to be named men :
fy upon their treacherous, mercilesse hearts ! "Whatever be the
part of that preacher to please men, it is a Christian duetie to ad-
monish ; and I am assured, the Lord sail be w ith you, chance what
may chance. His counsell directed, and watcheth over the wayes
of his owne. It is weill said, ' Quod forte aliquem errantem in
populo, dominus per nostram ohlivionem et errorem doceri et curari
voluerit, in cvjus manu sunt et nos, et sermones nostriJ I trust m
God, yee sail not repent the writting of that letter, nor yitt your
old letters. Ephraim will shew of things heere. I beseeke you
for your advice at lenth, concerning the conference ; for if the
place be in England, peace is not sought for : you know how hard
it is to reasoun or to propone to the king's Majestie's discontent-
ment there. If we refuse, as Athanasius did, when the emperour
called him to the councell of Csesarea, although we have his excuse,
viz., ' Videmus nos ad infesta adversariorum odia ventures esse ;' or if
we remaine at home, as Chrysostorae did, when Arcadius the em-
perour desired him to a councell of the Arrians, by foure letters, it
is easie to conjecture what will be our doome, and the brute of
our cans ; or if we goe, what sail be the event of our meeting.
VOL. VI. 3 D
786 calderwood's historie 1608.
Undique angusticB. However the mater be, we are drawin out.
The judgement and authoritie of our owne kirk, other kirks, learned
men, and the Scriptures, concerning the points called in controver-
sie. I have a great want of a letter writtin by the Commissioners
of the Generall Assemblie, that mett in Edinburgh anno 1596,
wherin they shew that the discipline would be putt at, and desire
us to studie it, for my weake opinioun. I see no better than that
the cleering of this caus be readie to publishe. The Lord strenthen
us, to give a faithfull testimonie to the truthe, for Satan does muche
evill in ignorance, and craft of men. As yee thinke meete, yee
will write and send informatioun.
" Your verie Sonne at power,
" Mr William Scot."
MR J. CARMICHAEL'S LETTER TO MR J. MELVILL.
About the same tyme, Mr Johne Carmichael, another of the
brethrein appointed for the conference, sent this letter following to
Mr James Melvill : —
" Eight reverend and my deere Father, &c., — I cannot
thinke that your letter can procure anie hurt to you, by anie law
under heaven; a secreit letter, in maters of judgement concerning our
calling, &c. "What if there were interchange of letters betuixt
Papists and Protestants, by familiar conference and reasoning?
But I grant, it is neither law nor reasoun that ruleth these ambitious
men, that seeke but occasiouns to vent their owne malice against
us ; yitt he that walkes uprightlie, walketh boldlie : Qui sequuntur
itinera tortuosa, amandet Deus ad operarios iniquitatis. The Lord
is our strong God, the rock of our refuge, the God of all knowledge,
by whom all interprises are established. Concerning our confer-
ence to be, who cannot be more affrayed for us than we are for
ourselves ? The Lord keepe us from doing harme to his kirk, for
little good can we doe at this tyme. For my owne part, I am
searching by all meanes satisfactioun in the truthe of God, to
rest my owne conscience, and with all, to give the reasons of my
1608. OF THE KIRK OF SCOTLAND. 787
faith unto others. I desire, if I could, to be prepared for the worst
of all ; and I hope in short tyme to give contentment to some
anent these purposes, especiallie in the points that are most
triumphed in by our adversareis, and these reasouns which they
call unanswerable. I lament the weakenesse and ignorance of
manie. The more I searche, the more I am confirmed in the truthe,
and thinke, by God's grace, to helpe to confirme others, according
to the poore measure of my gift. If we stand in our statioun when
our Lord cometh, we will heare, Euge, serve hone ! O sweete con-
solatioun, in the midds of the contempt and disgrace of this tyme !
As I have no will to runne before my guide in this truthe, so I
pray, that I may take on the yoke, and draw in his crosse, when
he calleth. Our way is consecrated by afflictiouns. Our High
Freest is full of compassioun to regarde our weakenesse. My soule
manie tymes findeth so manie doun casts in the sense of my
unthankefulnesse, that outward crosses are of the lesse value to my
conscience. [If the light of God's sweete countenance shyneto us,
nothing can discourage us to beare us doun ; but if he be absent,
the smallest tentatioun will overwhelme us. Yitt his love is con-
stant and endlesse. Behold, I cannot end when I beginne to
prattle with you, though I thought two lynes sould have presentlie
sufficed. The all-sufficient grace of God be with you.
" Your owne Sonne in Christ's love,
" J. Caemichael."
MATTH^US TORTUS SPYTEFULL AGAINST THE KING.
The yeere preceeding, 1G07, the king perceaving that the two
breeves of Pope Paulus V., and Cardinall Bellarmine's letter
to the archpreest Blackwell, was like to draAv the Papists from his
obedience, thought meete to publishe a booke against them, which
he did, bearing this title, " Triplici nodo triplex cuneus ; or an
Apologie for the Oath of Allegiance, against the two Breeves of
Pope Paulus V., and the late Letter of Cardinall Bellermine to
Blackwell the Archpreest." Within halfe a yeere after was sett
788 calderwood's historie 1608.
furth an answere, under the name of Matthteus Tortus ; but Beller-
mine himself was the right author. In this booke, the author is verie
spytefuU against the king. He calleth him a leer, calumniator, an
impudent man ; compareth him to Julian ; that when he was in
Scotland, he was a Puritan, and an enemie to the Protestants, and
now in England, he is a Protestant, and an enemie to the
Puritans : that his purpose is to oppresse both Papists and Puri-
tans. But the passages which galled the king most were these :
" Denique, Clemens VIII., duo brevia, anno 1600, tribus annis
ante obitum reginje, ad catholicos misit, unum ad clerum, alterum
ad populum, quibus brevibus non ut iste mentitur Jacobum, tunc
Scoti^e regem, a solio exclusit, sed consilium dedit quale dare decebat
suramum pontificem videlicet, ut catholici operam darent quantum
in ipsis est, ut rex ad religionem catholicam bene affectus eligere-
tur. Habemus enim exemplaria brevium illorum in manibus et iis
diligentur inspectis ; nusquam invenimus nomen Jacobi Pegis, aut
alterius particularis personae, sed solum generatim ut diximus cohor-
tationem, ad regera orthodoxum et pium constituendum. Quibus
verbis non solum Jacobus Scotise rex non excludebatur, sed include-
batur potius, quoniam ministri ejus maximam spem fecerunt,eum non
abhorrere a fide catholica suscipienda, pr^esertim cum rex ipse ad
pontificem ipsum, nee non ad Cardinales Aldobrandinum et Beller-
minum, literas scripsisset, plenas humanitatis, quibus praster cetera,
petebat ut aliquis egente Scotorum Cardinalis S. P. E. crearetur, ut
haberet Romaj, per quem facilius et tutius cum pontifice negotia
sua tractaret." And in another place, " Supra respondi duo brevia
pontificis dementis VIIL, anno 1600 ad catholicos Anglos directa
fuisse, quibus sine ullius certae persona} designatione, admonibantur
ut quoad possent, juvarent et vir catholicus regno illo prope diem
vacatur© potiretur. Quo consilio nullum aliud a pontifice maximo
cui catholicte ecclesiai cura potissimum incumbit, magis chi^istianum
raagis pium et utile dare potuit. Quod si hac generali admonitione
Jacobus excludebatur, ipse erat in causa, qui spem non obscure datum
pontifici fallere volebat, vel certe ejus ad ministros reprehendi debent,
qui magis adhue aperte Jacobum tunc Scoti^e regem, adepto Angli-
1608. OF THE KIRK OF SCOTLAND. 789
cano regno, catholicum futurum promittebant." The meaning of
these two passages, that some of the king's officers of estate putt
the Pope and the Cardiualls in hope that the king would professe
himself a Catholick, when he cometh to the crowne of England, and
that the king himself had writtin letters full of courtesie to the
Cardinalls Aldobrandinus and Bellermine, wherin he craved, that
some of the Scotish natioun might be made a cardinall, that by
him, as an agent, he may the more easilie and more safelie doe his
bussinesse with the Pope. To cleere the king of these imputatiouns,
there was great bussinesse at the Assemblie holdin last at Linlith-
quo, talking order with Papists, and a supplicatioun sent to the
king, for restoring the banished, imprisonned, and confynned
ministers, howbeit, under these pretexts, the king and the bishops
were seeking vantao-es to advance their course. But this was not
sufficient. The burthein of these letters writtin to the court of
Eome must ly upon Secretar Elphinstoun,
THE SECRETAR's TRYELL IN ENGLAND.
About the end of September, Sir James Elphinstoun, Laird of
Balmarinoth, principall secretarie to the king in Scotland, and Presi-
dent of the Colledge of Justice, tooke journey to court, being writtin
for by the king, but not understanding for what cans. Wlien he
came to Royston, he was accused of dealing with the Pope, and
writting to him and his cardinalls; wherupon hath rissin slander upon
his Majestic, and devilish attemptats of the Papists, enraged becaus
they found themselves disappointed of the great expectatioun they
had, that the king would become a Catholick. The letters writtin
by him to the Pope in the king's name, and the instructiouns givin
to Sir Edward Drumraond, we have alreadie sett doun in the owne
place, (Vol. v., p. 740.) The rest of this particular historic we have
heere sett doun, as he hath recorded it himself.
" This letter and instructiouns writtin by Sir Edward Drum-
mond, with the rest of that dispatche, I presented it unto his
Majestic, shewing it was Drummond's dispatche lor the Bishop of
790 calderwood's historie 1608.
Vaizon. So all the letters were signed, without asking to whom
they were directed ; closed, and sent to the Archbishop of Glasgow,
to be directed at his discretioun. So Sir Edward receaved them,
not in Scotland, but they were sent in Monsieur Bethun's packet,
least otherwise they might be intercepted. It may be easilie con-
sidered how necessar this service was for his Majestic, as maters
then went, there being small hope of England's favour, Essex
being in his triumphe, and Valentine Thomas his processe at that
verie tyme in deducing In his Majestie's prejudice, to disable him in
his clame to the crowne; and what respect could I have had then,
other than my faithfull duetle ? for it proving as it did verle pro-
fitable for his Majestic, In suche sort, as by directloun from Rome,
all the Catholicks in England prepared themselves in armes and
horses for maintenance of his Majestie's title, and at Rome, the
Spanish courses were crossed, It was reputed by them that trulie
loved his Majestic, the best service that ever was done him In that
kinde. Lyke as Sir James Lindseye's Imployment followed after
it, and speclall dealing with divers Catholicks of England, wherewith
the greatest guiders of England being terrified, and Essex talkin out
of the way, the Erie of Salisburie, then Sir Robert Cecill, Lord Harle
Howart, now Erie of Southampton, sought meanes to his Majestic.
By Catholicks, they sought meanes to his Majestic, and they were
then the surest that his Majestic had there, lyke as his Majestic In
his first speeche in the parliament hous extant in print; and a printed
proclamatioun under his Majestie's hand did not dissemble, how
farre, as a prince, he was bound to Pope Clement ; what great
loyaltie and affectioun he had found in Catholicks, and ever whill
that detestable powder treasoun, (abominable In God's sight, and
detestable and damnable to be remembered, and recorded by all
memorie,) his Majestic continued not farre from that same minde,
whill the policie of some curious heads, fearing least his Majestic
sould have looked more narrowlie in his owne estate and their
actiouns, and knowing his inclinatloun to be tickle In these points
of religioun, sett him on worke to that ' Triplici nodo triplex cuneus,'
which procured that answere of Tortus, Bellermln's chaplaine,
1608. OF THE KIRK OF SCOTLAND. 791
unknowne as I am credlblie informed to Bellermlne, and not
unknowne to some statesmen there, to exasperate his Majestic, not
onlie against the court of Rome, and his owne subjects in England,
but to vouchsafe this charitie upon me, against whom their mahce,
although not deserved for anie particular of my owne, is weill
eneugh knowne. Their malicious intentioun thus founded, was
Weill secunded by the malice of my enemeis at home, the insolencie
of some of the bishops, and ambitioun of one of whom I had
deserved better. The platt is secreitlie contrived, that I sail be
brought to a confessioun of it, his Majestic to disavow it, and con-
sequentlie, my undoing.
" There came never anie thing of this to my knowledge, before
I came to St Albans, in the beginning of October 1608, the verie
night before I come to Royston to his Majestic. The advertise-
ment that I had was, that I had procured letters unknowne to his
Majestic, under his hand, to the Pope, wherin he had promised,
that how soone he sould come to the crowne of England, he sould
ather declare himself Catholick, or at the least, he sould grant
toleratioun to all Catholicks within his dominiouns ; and had pro-
cured to make the Bishop of Vaizon a cardinall. The last part,
becaus it was true, I thought it not to be denied. But the first,
which was alluterlie false, I refused. At my coming to Roystoun,
Sir Alexander Hay (in whom I reposed als great trust as in my-
self, having formerlie perswaded me most traterouslie, that his
course of accepting to be secund secretarie, which at first I dis-
lyked, was a plott of my enemeis to his prejudice and myne both ;
and so, had perswaded my most assured and worthie freind, Mr
Thomas Murrey, of his Highnesse affectioun to me, which I did
over credulouslie beleeve) comming to me, I compleaned, that I
was wronged, in so much as I had not gottin more tymous wairn-
ing of the calumneis, and his Majestie's discontentment against
me ; excused himself, that he had sent me a packet, but that I had
missed it by the way ; that it was a mater that I needed not to
care for, seing his Majestic desired no more but to know the
truthe, and would not be discontent, if in the point of his reli-
792 calderwood's historie 1 CC 8
gioun he was not engadged. So I confessed the simple truthe.
He In the meane while had his doing unknowne to me, with the
Bishoj) of Glasgow, who incensed his Majestic, that so long as I
was officer, their state could not be raised ; and having assayed
manic other meancs to disgrace me, could effectuat nothing, having
the authoritie of the greatest there to concurre to my overthrow.
They did so dispose his Majestic, as without anie show of discon-
tentment, he asked of me Sir Edward Drummond's dispatche, and
speciallie of that letter to the Pope. I could not denie that which
was Avcill knowne to his Majestic, and that which was conteaned
in Tortus' bookc was not farre different from the truthe. For the
words are, ' Quid etiam, (specking of his Majestic,) literas humani-
tatis et officii plenas scripsit ad Pontijicem. Maximum, quibus, prcBter
cceteraj rorjavit ut ex suis suhditis aliquis cardinalis S. R. E. creare-
tur.^ But his Majestie's promises of conformitie or tolcratioun of
religioun are not ascribed to my letter, but to promises of some of
the ministers. Nixt, his Majestic asked if ever he had consented
to call the Pope his father. I granted, that he still refused, and
in that I had presumed, for the good of his Majestie's service, after
his Majestic had subscribed the letter, to caus Sir Edward add the
Pope's ordinaric stiles; wherin, if his Majestic conceaved. anie
offence, I was to crave his Majestie's pardoun, to be disavowed in
that, and to cleere his Majestic, so farre as anie would tuiche him
therewith.
" This past in Roystoun, on Sunday in the morning, before ser-
moun, betuixt his Majestic and me privatlie, in his withdrawino-
chamber. Sir Alexander Hay, who had still his practises with the
Bishop of Glasgow, having learned of his Majestic how farre I had
confessed, advised his Majestic that my confessioun sould be re-
Iterated in the hearing of some others ; and to the end that 1 sould
not suspect their intentioun, at my secund examinatioun, none was
present but Sir Alexander Hay, whom yitt (as God judge me) I
trusted as myself. There I confessed before his Majestic as before,
that his Majestic ever disassented to yeeld the Pope anie stiles ;
and that at the subscribing of the Pope's letter, I acquainted him
1608. OF THE KIRK OF SCOTLAND. 793
fiirtlicr, but generallie, that it was Sir Edward Druraraond's dis-
patche anent the Bishop of Vaizon ; that I caused Sir Edward adde
the styles, and for that, upon my knees, most humblie I craved his
Majestie's pardoun. Then by his Majestie's countenance, and
some rounding that past betuixt his Majestic and Sir Alexander
Hay, I beganne to be in some suspicioun. The king commanded
me I sould repaire to Londoun, remaine there whill I knew his
pleasure, and in no cace to repaire to the queen's court. Imme-
diatlie Sir Alexander Hay and the Bishops of Glasgow and Gallo-
way conferred with the king anent my confessioun, and were dis-
content that I had not presentlie sett it doun under my hand.
Yitt fearing least I sould have suspected their policie, they would
not then urge me anie farther.
" The nixt Moonday I raid to Londoun. Sir Alexander Hay
and the said bishops raid before me, and Sir Alexander went to my
Lord of Salisburie, acquainted him with all that was past. Then
begunne I to suspect the course, and to repent me I had gone
so farre. I sent to the Erie of Salisburie, desired I might have
an assignatioun to come to him ; who did returne me answere,
that he was advertised of his Majestic, that I was commanded to
keepe my hous, and so it was not fitt I sould come to him. Thus
did I mistake his jNIajestie's command ; for in that I was forbidden
to repaire to the queene, then lying at Ham^iton Court, I thought
all other places within Londoun were free to me, lyke as I went to
Lambeth to the Archbishop of Canterburie, and to Whitehall to the
Erie of Durabar, the said Sir Alexander alwayes in companie with
me, never giving me anie notice of his Majestie's pleasure to the
contrare, whill I had it from the Erie of Salisburie, of purpose, as
I have since found it, to exasperai his Majestic as a contempt not
ordinarie there, where his Majestie's commands are verie ceremo-
niouslie obeyed. But as God sail judge me, I never heard anie
other command from his Majestic, but to attend his Majestie's plea-
sure at Londoun, and not to repaire to her Majestie's court.
" Wednisday therafter, Sir Alexander Hay having repaired to his
Majestic, comes with a note under his Majestie's hand, command-
794 calderwood's historie 1608.
iug me, that I sould sett doun in writt the passing of that letter to
the Pope, and the circumstances, so farre as I could remember.
Beginning then to apprehend the bussinesse, and having gottin
wairning of his Majestie's displeasure, and the advantage my ene-
meis presumed they had gottin, I became more spairing, and by
my letters to his Majestic, desired that I might be excused ; that
I could not sett doun the particulars of that under my hand, after
so long a tyme, except that ather I was in Scotland, where ray
papers might bring me to remembrie, or that I had mett with Sir
Edward Drummond ; begging his Majestie's patience, whill I might
send for him, which I offered to doe with convenient speed, who
sould bring with him the just copie of that negotiatioun, and sould
give his Majestic and all the world satisfactioun of the truthe.
But that was not intended, but, contrare to the truthe, to big upon
me an unjust imputatioun, wherof the productioun of the letter
would have made me cleere."
THE COPIE OF THE LETTER SENT TO HIS MAJESTIE THE 12tH OF
OCTOBER.
" ' Please your Most Sacred Majestie,
"'In these particular points your Majestie did demand of me, so
farre as I can remember, I answere for your Majestie's satisfac-
tioun, that your Majestie (of my knowledge) did never command
or direct anie letter to be writtin to the Pope ; nather was I pre-
sent when Sir Edward Drummond moved your Majestie for anie
suche letter : that your Majestie did never style yourself ' Filius,^
in anie letter, but to your mother-in-law, the Queene of Den-
marke ; that your Majestie did never write ' Father' or ' Holi-
nesse' to anie. As to the letter writtin by your Majestie to Pope
Clement, although I do remember that there was some suche
letter, conteaning nothing but a recommendatioun of the Bishop
of Vaizon, I humblie crave your Majestie's pardoun, if I can make
no declaratioun how it was past, Avhill Sir Edward Drummond,
who was the author, bearer, and procurer therof, be first exa-
1608. OF THE KIRK OF SCOTLAND. 795
mined, whom I am about presentlle, with your Majestie's permis-
sioun, to send for, by whom the whole ch'cumstances of that mater
sail be cleerlie detected. For I protest before God, for the present,
I cannot perfy telle remember how that mater was past ; most
humblie craving your Most Sacred Majestic, (since I am most
willing for your Majestie's obedience to cleere your Majestic of
that before all the world,) that in remembrance of my loving and
afFcctioned humble service, yee will be pleased to accord me the
tyme and meanes whereby the veritie of my part in all that mater
may be manifested ; which as I doe expect out of your Majestie's
princelie accustomed clemencie, so sail I ever pray, etc.'"
COPIE OF THE LETTER TO HIS MAJESTIE THE 15tH OF OCTOBER
1608.
" ' I doe remember, that I moved his Majestic diverse tymes to
have vvrittin to the Pope, both to have taikin notice of his kind-
nesse, and to have recommended the Bishop of Vaizon ; and that
his Majestic did refuse, onlie for that he could not with safe con-
science yeeld him the titles of Father and Holinesse, which he did
assume ; but if otherwise the Pope would have accepted his Ma-
jestie's letters, with the titles of other temporall princes, he would
have writtin to him. As to the circumstances of passing of that
letter, I protest before God, I cannot call them to my memorie,
but by conference with Sir Edward Drummond, and with suche
as served me at that tyme ; and with suche other adminicles as I
will finde in my OAvne papers, I hope I sail give his Majestie satis-
factioun.'
" His Majestie not content to admitt my delayes, remembring
the circumstances of that negotiatioun better than I, he setteth
doun a number of interrogatiouns under his hand, with a letter to
the counsell of England, commandinor them to examine me. Beins:
brought before them, at first I declyne their judgement, till they
declared that they would not take upon them to judge me, but
following his Majestie's commandement to examine me, and re-
796 c ALDER wood's historie 1608.
mitt me to my ordinarie judge. In end, to all the particulars, I
answered in suche sort, that they could not mend themselves, nor
bring me in compasse of anie law, the Erie of Dumbar, the Lord
Skoone, and Sir Alexander Hay, being present.
" Therafter, his Majestic being discontented of my unwillingnesse
to cleere him, and to burthein myself with the fault, yea, to take
upon me some points, (which his Majestic affirmed he remembred,)
which in truthe I could not call to my memorie, the Erie of Dum-
bar directed the Lord Burlie to me, a verie favourable and fast
nobleman, and who had, immediatlie before the Erie of Dumbar's
parting out of Scotland, renewed a freindship betuixt him and me,
which was the greatest caus of my repaire to court ; that it might
be confirmed there before the queen's Majestic, and his Majestic
satisfied by the said erle's meancs of whatsoever hard opinioun he
had conceaved ather against the chancellor or me by suggestioun
of the bishops. His credit from the Erie of Dumbar was, to ad-
vise mc for my owne good, since it was confessed by me that suche
a letter was purchassed, and that his Majestic had dcnyed it ; that
rather er the imputatioun sould ly upon his Majestic, I sould take
it upon me. When I obtended the perrell of my estat, his Majes-
tie's discontentment, and their malice, the Lord Burley gave me
this assurance, that my life, estat, nor Hopar's reversioun, sould be
in no danger. As to my offices, to leave them to his Majestie's
dispositioun, whether he would take them from me or not. I, find-
ing manic enemeis there, and being straitlic keeped, I enter by the
Lord Burleye's meanes (who from the beginning has ever keeped
an honest part to me) in a more particular freindship with the
Erie of Dumbar. And becaus the Lord of Skoone and Sir Wil-
liam Hart had diverse tymes travelled with me, to have maried one
of the Erie of Dumbar's sister-daughters, I was content to give
him my eldest sonne, to be disposed upon in mariage at his pleasure,
to give him the palace and parke of Halyrudhous ; and if he desired
Restalrig, he sould have it for the price I bought it. These con-
ditiouns, as the Lord Burlie told me, pleased him, and so he would
take upon him my protectioun if I would follow his advice ; which
1 G08. OF THE KIRK OF SCOTLAND. 797
I was content to doe, knowing what power he had, and how easle
it was to him to cahne all stormes ; alwise desiring him to carie
his afFectioun to me so secreitlie, as the bishops, Sir Alexander
Hay, the Erie of Wigtoun, and others my small freinds, sould know
nothing of it. He was so diligentlie alwayes attended by some of
these, that after he had appointed me diverse meetings he could
never meete with me. Alwise, he assured me, whatever the Lord
Burlie sould say in his name, I might trust it, and he would per-
forme the same ; and heerupon I desire my freinds to inquire the
Lord Burlie if this assurance was not givin me by the Erie of
Dumbar, that my life, my est at, and Hopar's reversioun, sould be
sure ? As for my offices, they sould rest in his Majestie's dispo-
sitioun, and it might be I would not want them.
" The Erie of Dumbar thus entered in conditiouns with me, and
the Lord Burlie putt in trust for him and me both, for all condi-
tiouns on both parts, his first directioun was, that I sould write a
letter to him, desiring that he sould conveene the Erles of Salis-
burie, Northamptoun, and SufFolke, before whom I sould grant all
the king's articles ; and therafter write a letter to his Majestic to
the same effect. He willed me to use these three noblemen to
strenthen his credit, that they being ingadged to be my freinds, he
might the more easilie worke that he had undertaikin ; and all the
saids noblemen promised upon their honours that they sould be ray
freinds, and would joyne with the Erie of Dumbar to satisfie his
Majestic ; all which I performed. Then was I delivered in the
Erie of Dumbar's keeping, who promised, that I sould alwayes be
his prisoner, and at my returning to Scotland, I sould be wairded
in the castell of St Andrewes. By his advice I wrote a becom-
ming in his Majestie's will, which the Lord Burlie gave him. He
returned me answere with him, that his Majestic was weill pleased
with it, and all would goe weill ; onlie I was desired to adde this,
that I would renew the same judiciallie when I sould be required,
which I did."
798 calderwood's historie 1608.
THE COPIE OF THE LETTER TO HIS MAJESTIE THE 24tH OF
OCTOBER 1608.
"'Most Gracious and Dread Soa^erane,
" ' It is over great presumptloun to offer to your most prlncelie
eyes these lynes from the hands which have so highhe ofiPended
your most sacred Majestic. But becaus it was continuance in my
offence to labour to obscure the cleere soule of your Majestie's
unspotted integritie, and that the imputatioun of my misdemeanour,
which I most justlie deserve, may ly upon myself, and your Ma-
jestie's innocencie cleered to all the world, I have truelie sett doun
heerin, how that letter to Pope Clement, wherewith your Majestic
is falselie taxed, was without your knowledge past your hand
amongst other letters which I did present to your Majestic, by
the abuse of your Majestie's trust, wherof I was not worthie, in
the yeere of God 1598, at the earnest sute of the late Arch-
bishop of Glasgow, your Majestie's ambassader, resident then in
France, the Bishop of Vaizon, and diverse others your Majestie's
Weill affected freinds and servants both in Italic and France, who
were verie earnest to have had some correspondence betuixt your
Majestic and the Pope. Sir Edward Drummond being directed
by them in Scotland to follow that bussinesse, I presumed diverse
tymes to move your Majestic therin, and did offer to your Ma-
jestic the frame of suche a letter as I would have signed by your
Majestic to the Pope ; wherunto I ever found your Majestic so
unwilling, as your Majestic did altogether refuse to write, denying
ever to write anie letter with these styles which the Pope did
assume to himself. But I being in my too great zeale, and assured
hopes were givin me by greater statesmen nor myself of the bene-
fite would come to the strenthening of your Majestie's title by the
Pope's freindship ; overcome with weakenesse, and presuming that
the good successe of my true intentioun sould efface the memorie of
my offence, I caused draw up a letter with the said Sir Edward's
hand, as from your Majestic to the Pope, but verie spairinglie,
1608. OF THE KIRK OF SCOTLAND. 799
onlie conteaning thankes for his kindenesse and bygane favour,
with recommendatioun of the Bishop of Vaizon, your Majestie's
native borne subject, to be made a cardinall. To the which letter,
among others of that kinde writtin to the Dukes of Florence, Savoy,
and some cardinalls, in favours of the said bishop, (all presented by
me unto your Majestic one day in the morning, when your Majes-
tic was going a hunting in haste,) your Majestic did sett your hand.
For your Majestic finding the letters all in Latinc, and the Bishop
of Vaizon's recommendatioun the subject, and having formcrlic re-
fused to write to the Pope, did nothing suspect that anic suche
sould have beene oiFcred to your hand ; and after your Majestic
had signed it, Sir Edward Drummond did addc the Pope's stiles,
both in the beginning and above your Majestie's subscriptioun in
the end of it. Some letters, two or three as I remember, signed
by your Majestic to some cardinalls, conteaning nothing but thanks
and recommendatiouns of the said bishop, were givin to the said
Sir Edward closse caschetted, to be directed by the Bishop of
Glasgow's advice, to suche of them as were in his judgement best
affected to your Majestic. And as I did heare after, two of them
were givin to Aldobrandini and Bellarmine, and the thrid to Cajc-
tan, who was protectour of the Scotish natioun.
" ' Heere was my first fault of preposterous zeale, weakcnesse,
and presumptioun. My nixt was, feare of your Majestie's displea-
sure, becaus the late queen's ambassader having expostulated for
your Majestic dealing with the Pope, and I being asked therof by
your Majestic, I did pcrtinaciouslie denie that there was anic suche
mater ; and for your Majestie's better satisfactioun, I moved Sir
Edward Drummond to returne into Scotland ; who being examined,
did at my desire justific my denyall, and that he had caricd no
letter for the Pope. I pressed him veric instantlic at his returning
to Rome, to labour to retire the said letter, and to destroy it, fear-
ing least the knowledge of it heerafter might breed your Majestic
discontentment, as it has done at this tyme, to my exceeding great
sorrow. And becaus my attestatioun in this kinde, which I protest
before God and his angells is true, and yitt will not be a sufficient
800 caldeewood's histoeie 1608.
liberatloun of your princelie honour, which is deerer to me than
my Hfe, I am not heereby to beg anie pardoun, but that your
Majestic, in your most rare and princelie wisdom, will take suche
course, but anie respect unto me, Avhereby your Majes tie's inno-
cencie and my oflPence may be made knowne to the world. And
so, in all humilitie attending, to suffer what your Majestic will
impose, and to obey whatsoever your Majestic will be pleased to
command, I pray God grant your sacred Majestic, according to the
sinceritie of your heart, a true and just constructioun of all your
actiouns before all the world ; and after a long and most prosper-
ous raigne, eternall felicitie."
copie of my becomming in will, 3 noyembris 1608.
" ' Please your most Geatious and Saceed Majestie,
" ' At the verie first, I did ingenuouslie confesse my offence, and
have particularlie sett doun under my hand the whole circumstances
of it ; as likewise, answering to the severall interrogatours wher-
upon I was examined, I have in everie point declared the veritie ;
so still continuing desirous that your Majestie's honour sould be
free of anie suche imputatioun, and my offence without anie longer
delay knowne to the world, doe by these presents, in all humilitie,
freelie and absolutelie submitt myself, and become in your Majes-
tie's will. That since onlie against your Majestie my offence is
committed, so your Majestie will irrogat unto me suche punish-
ment, as in your true justice and princelie clemencie I have deserved.
And this my becomming in will, renew or reiterat, in judgement
or without, so oft as I sail be required.'
" After this, the Erie of Salisburie caused to be drawn up upon
his Majestie's interrogatours and my answeres, a forme of a deposi-
tioun, making everie particular deid to be treasoun. That I had
tratorouslie conspired with Sir Edward Drummond to deceave
the king, and steale his hand to a letter to the Pope : that I had
tratorouslie caused putt the cashett to it ; and that I had com-
manded Sir Edward Drummond, above the king's subscriptioun,
1608. OF THE KIRK OP SCOTLAND. 801
to write ' Sanctitatis V. ohsequentissimus Jillus ' so like the king's
hand as could be, and so I had made him falselie to counterfoote
the king's hand.
" This depositioun being offered to me to subscribe, I refused
the first part, becaus it made that to be treasoun and treasonable
which was not, since the letter conteaned nothing but mere com-
pliments, and a recommendatioun of a Scotishman to be a cardinall,
and that an officer's trust was greater than to procure a commoun
recommendatioun ; and the putting of the caschett to it was lesse
treasonable, seing by that letter his Majestie's honour, nor state,
nor religioun, was not harmed, nor no damage nor inconvenient had
followed upon it. The last part was directlie crimen falsi; and as
I had not deponed it, so it was not true.
" At this meeting were present the Chanceller of England,
Salisburie, Northamptoun, Suffolke, my Lord Duke of Lennox,
the Erie of Durabar, Sir Thomas Smith, Clerk of the Counsell,
and Sir Alexander Hay.
" My answere to the last, the chanceller granted to be true, and
that it was but a mistaiking. And so it was mended, and that
article deleted, in so farre as it concerned the counterfooting of
the king's hand.
" As to the first, my Lord of Salisburie answered me, that what
they had sett doun was onlie to give his Majestic satisfactioun,
and that it was nothing to me, since his Majestic had accepted me
in will, was to deale gratiouslie with me, and not to proceed judi-
ciallie with me anie more, whatever might please his Majestic,
and in his Majestie's opinioun give the world satisfactioun, and
cleere his honour, since it was not to harme me ; it was unfitt I
sould refuse to give his Majestic what sould please him, seing it
was not to prejudge me.
*' And upon this assurance, and the Erie of Dumbar's former
declaratioun, that the king had weill accepted of my becomming
in will, and that my not subscribing of this depositioun hindered the
progi'csse of the king's answere to Tortus' booke, wherof this deposi-
tioun behoved to be a part, I sett my hand to it in presence of the
VOL. VI. 3 E
802 calderwood's historie 1608.
noblemen and others above writtin, who, I am sure, upon their
honours will not denie it. And heerupon I desired my freinds to
inquire the Duke of Lennox, the Erie of Dumbar, and Sir
Alexander Haj.
" Last, the king's Majestic having concluded to returne me into
Scotland, becaus all this mater was caried with a great show, (as
was said to his Majestic,) to cleere his honour, but in effect to
disgrace me and make me odious, I was brought before the coun-
sell, Avhere not onlie the counsell, all the noblemen both English
and Scotish, all the judges were brought, but all the court, so
manie as the counsell-chamber could conteane.
" The chanceller declared the caus of that solemne meeting, made
my depositioun to be read, and with a long harangue and manie
reasouns, did aggravat my offence, to his Majestie's great praise,
and in the end, remitted the mater to Scotland, to be judged there.
" Nixt, the Erie of Salisburie had als long a discourse, all to
disgrace me, to flatter the king, and to shew his eloquence.
" Thridlie, the Erie of Northumberland, to testifie his zeale as
a witnesse, how alien his Majestic was from anie dealing with the
Pope, these eighteene yeeres that he had keeped correspondence
with his Majestic, damned all my proceedings.
" I had wairning the night before, that I was to be so used, as
(the Lord Burlie, who had beene mediator betuixt the Erie of
Dumbar and me, being departed to Scotland) I was forced to
send for James Bailzie, a verie trustie young man, to whom I am
infinitelie bound, and who (nixt my Lord Burlie) was verie privie
betuixt the Erie of Dumbar and me ; Avhom I desired to shew his
Lordship, that I understood that I was to be brought before the
counsell the nixt day, and that they were to raile upon me ; that
he sould not thinke it evill, if I sould say for my owne defence,
that which I would make good, that there was no point which
they were to lay against me which I would not answere. He
returned James Bailzie to me, with this answere, earnestlie praying
me, since that was the last that in that earand was to be done, not
for my prejudice, but for his Majestie's honour and satisfactioun,
1608. OF THE KIRK OF SCOTLAND. 803
that I Avould answere nothing, but in all humilitie acknowledge my
offence, cleere and liberat his Majestic, renew my becomming in will,
and desire my lords of counsell to be intercessors, that his Majestic
would end the processe by his declaratioun. This would be most
acceptable to his Majestic, who would be behind a peece of tapes-
trie ; and if I played my o^^oie part right, his Majestic would be
best pleased ; Avhich I also obeyed.
"The chanceller in counsell produced his Majestie's warrant,
declairing his Majestie's will, that I sould be no more one of that
bodie. Which declaratioun of his Majestie's will having no convic-
tioun nor warrant, but ray becomming in will, was an acceptatioun
of it. So, having declared a part of his will, by no laAV therafter
he might have proceeded judiciallie with me.
" Immediatlie after counsell, the Erie of Dumbar sent James Bail-
zie to me, to give me thankes,and to shew how weill his Majestic was
pleased, and that his Majestic would have that inwritt which I spake ;
which also I sett doun. And becaus there were some words his
Majestic (as he affirmed) desired to be added, (which he affirmed I
spake,) the words writtin with his hand, and brought to me by
the said James Bailzie, I insert with my hand, and subscribed, and
sent them to him with the said James. And heerupon I desire, if
need be, that my freinds may enquire the said James."
" THE SUMME OF THE COUNSELL OF ENGLAND'S PROCEEDINGS ON
SUNDAY, THE 13tH OF NOVEMBER 1608.
"The said day, in the afternoone, the whole counsell being
conveened in the counsell-chamber, the whole judges, and all the
noblemen, both Scotish and English, that were at court, the Lord
Chanceller beganne a verie grave speeche, wherin he did earnestlie
require audience and attentioun in respect of the great consequence
of the mater he was to speeke of : it was so muche the greater,
that it was a noveltie wherof he had never heard, nor (to his
knowledge) in all his bookes read of anie the like president of
before : it was of great consideratioun, becaus it did tuiche the
804 c ALDER wood's historie 1608.
king's most sacred Majestie and royall persoun, both in his honour
and in his safetie, wherin did consist the safetie of the whole estat :
the mater was also weightie, in respect of the persoun whom it did
concerne ; a nobleman of Scotland raised to that state by his
Majestie's favour, and a member of that boord. As to the mater,
becaus he might perhaps faile in the relating of it, (which he was
verie unwilling to doe in a mater of that kinde and weight,) there-
fore he desired the instrument conteaning the Lord Balmarinoth
his confessioun, and signed with his hand, sould be read. The
same being read, and acknowledge by the Lord Balmarinoth to
be his owne confessioun, then he said to the Lords of the Counsell
that he did perceave by their countenances, that they did all looke
on that mater as if it were a mater wherin they were to give their
sentence and judgement. But he prayed them not to thinke so,
and he would releeve them of that burthein ; becaus nather were
they conveened to that end, nather was the said Lord Balmerinoth
brought there to make anie, becaus that mater was transcendant,
and of a greater weight than that boord, or anie counsell boord
could judge of it. But becaus it was a fact committed in Scot-
land by a Scotishman, before his Majestie's happie comming to
the crowne of England, they would not doe that prejudice to Scot-
land, that was als ancient and als free a kingdome as they are, so
Weill governed with so manie grave and ancient noblemen, whose
nobilitie is continued and reserved with a farre greater respect and
antiquitie nor their owne ; so wise a counsel! of estat, so learned
and grave judges, in all these perfectiouns they were nothing
inferiour to them ; onlie for the present he would point out, and
offer to their consideratiouns that were present, some heads of that
confessioun, what had beene the consequents of that fact, and so
remitt it to the owne judgement, and the Lord Balmerinoth to his
owne answere, before his owne judge.
"First, he desired that they sould attend the tyme when this letter
was Avrittin, to witt, when his Mjijestie was in possessioun King
of Scotland, in his title, and undoubted royall descent, apparent of
England; how this fact might have perrelled him both the one
1608. OF THE KIRK OF SCOTLAND. 805
and the other, if it had beene knowne that his Majestie had had
anie dealing with the Pope. For in Scotland, the most of all the
nobilitie, gentrie, and whole bodie of the kingdom, being of the
religioun they presentlie professe, would nothave failed to have made
insurrectioun, if they had knowne that his Majestie had anie deal-
ing with the Pope. In England, thelate queene, of happie memorie,
being a prince verie jealous, and narrow-looking in all his Majes-
tie's actiouns, if she had knowne that his Majestie had had anie
course with the Pope, she would have quicklie objected unto his
Majestie, that since he was talking a forraine course to strenthen
him, speciallie with these who had so often suted her life, she would
likewise take another course for her owne preservatioun ; and so
might have endangered his Majestie's just clame, lyke as in effect
the same dealing comming to her knowledge, she did incontinent
send her ambassader, and did most bitterlie expostulat with his
Majestie. And the dealing at that tyme was denied, and so
smoothered over.
" Nixt, he did mightilie aggredge the great inconveniences that
had fallin out, all (as he did affirme) upon the dealing mentiouned
in that confessioun. First, That it had givin occasioun of an
infinit number of scandalous bookes and pamphlets to be writtin,
wherin his Majestie Avas verie bitterlie taxed ; and speciallie, he did
there produce Bellermin's late booke, under the subscriptioun,
which he did read, of one whose name being Tortus, he did allude
therunto, that he was always tortus. The parcell he read was
the fault found with Pope Clement's breeve, whereby he did com-
mand the estats and bodie of this kingdom of England, not to ad-
mitt or receave a king, incace of the queen's decease, but a Catho-
lick, and so did exclude his Majestie from his just title. To the
which claus conteaned in the booke of ' Triplicinodo triplex cuneus,^
Bellermine makes this answere, that by that breeve the Pope did
not meane to exclude the king, becaus the name Jacobus was not
mentiouned in it ; (and withall, the chanceller did observe in the
words he read, that Bellermine did give the author of the booke a
lee, in the word mentitur •) natlier could it be meant of his Majes-
806 calderwood's histokie 1608.
tie, becaus his servants and ministers had givin great hopes to the
Pope, that ' Non erat valde alienus a fide catholica ;' and therafter,
' Quin etiam rex ipse scripsit ad ponUficem ipsum literas humanitatis
plenas, quibus, prater ccetera, rogavit, ut aliquis e natione sua cardi-
nalis S. R. E. crearetur, per quevi, faciliiis cum pontfice res suas
tractare posset.^ Which words being conforme to the Lord Bal-
merinoth's depositioun, the same had givin occasioun of the writ-
ting of that booke, in manie parts wherof his Majestie was bitterlie
tuiched. Nixt, upon the occasioun conteaned in that depositioun,
did grow all the conspiraceis, that since his Majestie's comming to
England had fallin furth ; for by this dealing with the Pope, un-
knowne to his Majestie, great hopes were givin to the Catholicks,
that when his Majestie sould come to the crowne of England, his
Majestie sould ather declare himself a Catholick, or, at least, the
Catholicks sould have a toleratioun of religioun within his domin-
iouns. Wherof finding themselves disappointed, they did move
their conspiraceis ; for skarslie was his Majestie warmelie sett doun
in this his kingdome of England, when Watsone, the preest, and
a number of his adherents, did attempt against his Majestie's royall
persoun, for the which a number of them were deprehended and
jjunished. Nixt, upon it came the devilish inventioun and prac-
tise of the powder treasoun, wherin was intended the taikingaway
of the king, queene, and their posteritie, the counsell, bishops,
nobles, judges, gentrie, and whole bodie of the realme, for the
which a number Avere punished, and a great manie in his Majes-
tie's cleraencie spaired. Therafter, that none sould mistake their
proceedings in the try ell and examinatioun of the Lord Balme-
rinoth, he declared all the points therof, adding, that although it
was a cace might receave judgement in England, in respect it did
concerne his Majestie's persoun, which hath so manie priviledges,
that it draweth all judgements after it, and that the Lord Balme-
rinoth that was to be judged was present, and so might receave
his judgement there ; yitt suche was his Majestie's respect to his
ancient native kingdom of Scotland, and they were so farre from
encroaching upon the liberteis therof; and knowing the tender
1608. OF THE KIRK OF SCOTLAJfD. 807
regarde that nobilitie and estate would have in a mater that did so
highlie concerne his Majestie ; after a long and reiterated discourse
in the praise and honour of that kingdorae, counsell, nobilitie, and
governement of it, declared that they would remitt the mater to
receave judgement there.
" Nixt, the Lord Treasurer beganne a verie grave speeche, after
the due commendatioun of the Lord Chanceller that had spokin
before, that he was verie sorie to have occasioun to speeke of a
mater of that kinde, that since it did concerne so highlie the
life and honour of his most sacred Majestie, (whose life was deerer
to him nor his owne,) he sould be thought verie unduetifuU, being
so manie wise bound, if he were silent in it. There, having givin
his Majestie his owne due praise at great lenth, he did nixt adde,
that he was sorie to speeke of it, in respect of the persoun whom it
did concerne, a nobleman, by his Majestie's favour a counseller of
state, nay, more, a secretarie of state, and one against whom (his
duetie reserved in this) he would be laith to have spokin. The
summe of his speeche grew to the same end of my Lord Chan-
celler's former speeche, that his Majestie's dealing with the Pope
might have bred him in his owne kingdom disobedience,' and done
him prejudice in his title to England : that if his Majestie had
beene of counsell of writting that letter to the Pope, he would
affirme, he had bowed his knee to Baal, being desirous to establishe
for his efFaires an advocat at Rome. Nixt, by the words of Beller-
min's booke then produced, he shew that the Pope tooke upon
him to declare the crowne of England elective, becaus by the
words of the Pope's breeve, the estate and bodie of England were
commanded first, Non admittere, nixt, Non instituere nisi regem ortho-
doxum et catholicum. So the heritable descent of the crowne of
England was taikin away, and behoved to be holdin in almous of
the Bishop of Rome ; that he would not be content to be Bishop
of Rome, but would have all Europ at his dispositioun. And in
another place of the same booke, he shew a conclusioun more
offensive to his Majestie, '■Ergo Bex Jacobus neque est Caiholicus neque
Christianus ; ' that for himself, he did never say so muche of anie
808 calderwood's historie 1608.
Catholick, and that he did verilie beleeve that a true Cathollck was
Christianus. Nixt, he fell out upon the office of a secretarie, the
great credit and trust therof ; that in a secretarie's breast is layed
in store the treasure of all the secreits of the kingdome ; that Jides
and trust is of that nature, that Jides quos semel recedit, nunquam
revertitur : that he feared, that in tyme to come, his Majestic
behoved ather to have no suche officer, or ellis divide the trust of
maters of importance to one, and commoun effiiires to another : that
a king's hand-writt, if it may be caried by the knowledge of the
prince, is more dangerous nor an armie of twentie thowsand men ;
becaus the one may be forseene, the other not. Nixt, in the nature
of the fact, he compared the king's great scale with his hand-writt ;
that the great eeale was but the king's image in waxe, but his
hand-writt was his minde ; but if anie thing sould be added above
the great scale, for himself, he would thinke it was verie neere
treasoun ; leaving them to consider what it was to adde anie thing
above his Majestie's hand-writt. He desired to be excused, if he
were a little kindled, and did remember the manie favours he had
of his Majestic : that he possessed manie places that were fitter
for others ; yitt none sould goe before him in trust nor affectioun.
To testifie his Majestie's unwillingnesse to have dealing with the
Pope, he did remember how his Majestic refused to receave anie
ambassader from him, and how he commanded the ambassader
lieger in France to shew the Pope's nuncio in Parise, that if anie
of the ministers in his name had promised more than they had
warrant, the Pope sould not expect anie performance therof from
him. Last, he made (as he called it) a punctuall discourse of all
the proceedings in the Lord Balmerinoth's examinatioun, and how
his Majestie's memorie was a great deale better in that mater than
his ; and by his particular interrogatours, had brought him to a
confessioun ; and after an ample and verie large commendatioun
of the kingdom of Scotland, and wise and grave governement of
it, did remitt the judgement of that mater to them, not doubting
but they would proceed in it, as his Majestie's interesse and the
weight of the mater did require.
1608. OF THE KIRK OF SCOTLAND. 809
" After him the Lord Privie Seale had a speeche, wherof this was
the preface : If he had had libertie of speeche, as he had not, he
would not have chosin these two noble lords, who had so gravelie
and learnedlle spokin, to have gone before him ; for they had taikin
up the crop of all that was to be collected of the present mater so
cleanelie, as they had left nothing behind to him to glaine. But
he did remember to have read of the nature of the bee, that at
first comming upon the flowre she did gather the honle, and after
the honie being collected she did gather the waxe ; so would he,
since there was no honie left, gather some waxe to seale up the
mater with. And first, after a large commendatioun of his Majes-
tie's so manie rare and priacelie qualiteis, whom that mater did so
highlie concerne, (which he protested he did not as a sycophant
or a flatterer, but as a true and faithfull counseller,) he did say
some thing of his affectioun and duetie to the Lord Balmerinoth,
with great sorrow for his errour in that kinde, that he sould have
thought it a safe way for his Majestic to have left his assured true
freind, which was the Queene and State of England speciallie,
since of his owne knowledge, (for the space of nineteene yeeres
that it had pleased his Majestic to keepe intelligence with him,)
he perfytlie knew that his Majestic was most unwilling to anie
suche course. Fii'st, how in the eightie-eight yeere, the Bishop
of Dumblane came in Scotland with so manie great offers, and if
his Majestic would have givin him never so little hope, the Pope
would have stayed that great Armado. Nixt, come Sir James
Chisholme, who dealt in the same course ; and becaus he did not
prevaile, he did breake his heart, and so died. Watsone the
preest having come in Scotland, and dealt with his Majestic, did
confesse to his Lordship, that he could never have more of his
Majestic ; but if ever he came to the crowne of England, that he
would not come to breake the law, but to keepe it ; and that the
said Watsone being in prisoun, some few dayes before his execu-
tioun, his Lordship w^ent by his Majestie's commandement to
examine him in that point ; who declared to him, that he could
never gett anie further grant of his Majestic nor is before said.
810 calderwood's historie 1608.
Notthelesse, to the end he might keepe the Catholicks in better
dispositioun towards his Majestie, he did give them better hopes :
that Sir James Lindsey did bring his Majestie a letter from the
Pope, which he refused, and would not so muche as suffer the
same to be unclosed. Last, since his Majestie's comming in Eng-
land, there came one from the Duke of Loran to his Majestie, who
being weill receaved by his Majestie, as the Duke of Loran's ser-
vant ; having therafter secreltlie shewed unto his Majestie that he
was the Pope's gentleman, and had some directiouns from him to
his Majestie, he would heare no more of him ; and his Majestie did
mightilie compleane that the Duke of Loran did use him in that
kinde. And heerupon did he condemne the Lord Balmerinoth his
course, in respect of his Majestie's knowne unwillingnesse to have
anie dealing with the Pope. lie said farther, that if at that tyme
when the queen's ambassader did expostulat, the course had beene
reveeled, the fault had beene the lesse ; that it was God's singular
care of his Majestie, that by the comming furth of suche a booke
at suche a tyme, when the Lord Balmerinoth was present to
reveele the truth, his Majestie's innocencie in it was so cleered.
And becaus that some doe justifie the course, becaus of the good
intentioun of it, that he had read, that in good intentiouns three
things were requisite : 1. That they sould be in things indifferent ;
nixt, that they sould not be contra prcscepium ; last, that they
sould not be in prejudicium terticB personce. Nather of which was
observed in this ; becaus it was not a tliino; indifferent to the kins:
to keepe correspondence with the Pope, being a mater so prejudi-
ciall to his estat. Nixt, that it was contra prcBceptum, becaus he
was not of his religioun. Last, that it was prejudicium tertij,
becaus the Queene of England Avas thereby interessed : So as the
intentioun of it could not procure it anie allowance. In end, after
a large commendatioun of the countrie of Scotland, and his best
wishes that the kingdom of England would looke carefullie in their
honour, and not admitt everie one so indifferentlie to it, following
the exemple of Scotland : he did likewise remitt the mater to be
tryed and judged there,^ not doubting but it would be carefullie
1608. OF THE KIRK OF SCOTLAND. 811
done, according to the weight of the mater, and his Majestie's
expectatioun.
" Therafter, my Lord Chanceller declared, that since that boord
was his Majestie's bodie representative, and all the members of it
were at his Majestie's dispositioun, and alterable with the breathe
of his mouth, that it was his Majestie's pleasure that the said Lord
Balmerinoth sould no more be one of that boord : wherupon he did
produce a warrant, signed by his Majestic, which being read by
the Clerk of the Counsell, the Chanceller desired that all the lords
sould take notice of it."
" THIS, OR NEERE TO THIS, I WOULD HAVE ANSWERED FOR MY
O^TSB JUSTIFICATIOUN, IF THAT BY THREE SEVERALL COM-
MANDEMENTS FROM THE ERLE OF DUMBAR, I HAD NOT BEENE
DESIRED TO THE CONTRARIE. JAJVIES BAILZIE WAS CARIER OF
THE MESSAGE.
" To the first speeche it might have beene answered, that if the
reverence and majestic of the person, (whom this mater was affirmed
to tuiche in honour and safetie,) the gravltie and eloquence of the
speeker, and the hatefull dispositioun Avhlch then was against the
person which was to be censured ; had not extraordinarilie con-
curred, (although the deid wanted a president,) yitt manie offences
of greater importance, and more perellous presidents, were smothered
up with silence. And where it was first said, that letter might
have procured his Majestic the tinsell of the crowne of Scotland,
which he had in possessioun, there was no suche appearance ;
becaus there was no Scotish man of whatsoever qualitie, so little
sensible of his soveran's wrong, but would rather have wished his
Majestic to have had correspondence politick with the Turke, muche
more with the Pope, before he had beene prejudged of his un-
doubted title to England, speciallie since that letter (nor no con-
structioun can be made upon it) does carie anie prejudice to
religioun, or other conditioun hurtfull ather to his Majestie's honour
nor estat. Nixt, where it was said that the said letter might have
812 calderwood's historie 1608
losed him the crowne of England, to the which he had undoubted
right apparent, becaus the queene might have taikin exceptioun at
it, and so inclynned some other way ; first, it might have beene
answered, that his Majestie's title was not at her dispositioun, and
if she had beene discontented, there was no reasoun. For since she
did ever refuse to yeeld him anie assurance of his successioun after
her, (and Spaine avowedlie, and France under hand, besides others,
as competitors daylie talked of,) although he had laboured for the
freindship of all the Christian princes in Europe, upon just and
honourable conditiouns, and without breache of duetie to her, she
had no just cans of offence. Beside, that some did not spaire to
talke of some unseemlle plotts contrived in England about that
same tyme, to his Majestie's prejudice. Secundlie, where it was
with great vehemencie and rare eloquence amplifieil, that that letter
had givin subject and occasioun to the wrytting of manie pamph-
lets, wherin his Majestic was bitterlle reviled, it might have beene
answered, that by the contrare, it had stayed the writting of manie,
and doing of manie worse turnes; had procured his Majestie's
good at the court of Rome, the favour of all the Catholicks of
Europe, but speciallie in England. And if his Majestic had beene
offended by anie bookes, they have had other grounds than that
idle letter, wherin Bellermln alledgcth not, that there was anie
more but a letter full of courtesie, and a requeist for a cardinall.
And if it had conteaned anie other thing whereby his Majestic
might have beene engadged to the Pope's advantage, it had not
beene forgottin. Looke, therefore, if the writting of the former
bookes, or some other conditiouns than that letter, hath not givin
occasioun of this offence. Thridlie, where it was said that all the
Popish conspiraceis did flow from that letter, becaus the Catholicks,
finding themselves disappointed of their hopes, did attempt all these
devilish treasouns, it might have beene answered, that if that letter
giveth anie suche hopes ather of the king's Majestic being a Catho-
lick, or toleratioun, then is the argument good. But if not, then
it holdeth not ; and these hopes must be found out another way,
and the authors of them charged with that imputatioun.
1608. OF THE KIRK OF SCOTLAND. 813
" The secund speeche, in so farre as it was coincident with the
first, the same answeres might have been repeated. But where it
was said, that if his Majestic had beene of the knowledge of that
letter, he had bowed his knee to Baal, appointing an advocat at
Rome, that conclusioun holds no more, than if it sould be said that
the queene, for writting manic letters to the Turke, and appointing
an agent there, sould have become a Mahometan. Nather is there
anie that can doubt, but that great statesman that had the speeche
does know verie weill, that princes of different religiouns have
their leagues and amiteis, their intercourses of negotiatioun and
civill effaires, without bowing their knees to strange gods. As to
the invectives against the Pope, they were all just, and verie per-
tinentlie and eloquentlie delivered. Yitt they did not aggravat
that fact, nather was there anie thing in that letter that did allow
of them. As to the objectiouns of violating the trust of a secre-
tarie, that could not be denied. And so, the partie doeth grant
the offence, pretending onlie, that as an expert physician in a des-
perat disease, or a perfyte pilot in an extraordinarie tempest, is not
alwayes tyed to the precise rules of his art, so some things are
permitted to statesmen in their places. And he perhaps seing his
Majestie's great danger, and that for writting a stile to a Pope, he
would give his enemeis so great advantage, and perrell a kingdom,
he did temariouslie adventure his credit. And for that was talked
of that the nature of ^ Jides qucB uhi semel recessit, nunquam revertituVj
that politick maxime giveth an answere, ' si violandi regni causal
And the more he is excusable, that it was to his maister, and not
to himself; and as he durst and sould have adventured his life to
have foughten for it, so did he perell his trust to conserve it. To
that, that a king's hand-writt, if it might be careid by his know-
ledge, was more dangerous than twentie thowsand men, that is an
argument ab incommodo^ which, since the deid is past long since,
and no harme followed upon it, nather to his Majestic nor his do-
miniouns, it followeth no more. To that of the comparisoun of
the broad scale to the king's hand, and what is the danger to
write above anie of them, belongs to the judge and lawgivers to
814 calderwood's historie 1G08.
determine. But in the law of reasoun and civill justice, where
there is no fraud meant, no harme done, nor no inconvenient can
ensue, the fault is the lesse.
"In the last speeche most gravelie and eloquentlie delivered,
becaus it was for the most part a narratioun of particulars testifeing
his Majestie's unwillingnesse to write, or have anie dealing with
the Pope, it is like eneugh to be true ; for if his Majestic had beene
willing or wittinglie had sett his hand to the letter, then there had
no fault beene committed. So that causeth the confessioun of him
who abused his Majestie's trust. And wheras his good intentioun
to his Majestie's service did furnishe him some excuse, that was
most learnedlie taikiu away by three caveats, which the divines doe
require to make intentiouns justifiable : First, that they be in
things indifferent ; Nixt, that they be not contra pracepium ;
Thridlie, that they be not m prejudicium tertii ; to all which it
might have beene answered, First, generallie, that the politick
courses so weill knowne to so great a wise man in state maters, are
not to be ruled according to the strict rules of divinitie, and parti-
cularlie to everie caveat. There can be nothing more indifferent
nor a free prince to write a kinde letter to his nighbour, and to
make him a reasonable and just sute, hurtfull to no man. As for
the secund, there is none of the commands that did forbid the king
to write to the Pope ; for so prceceptum in that mater is to be
understood. Thridlie, by that letter is no prejudice done to anie
person. And since his Majestic was by no league nor band bound
to the queene, in the contrarie, no man will thinke that his Majes-
tic sould be answerable to anie imaginarie prejudice, there being
nothing conteaned in the said letter that in anie sort could hurt
her or anie other person.
" In all the speeches as they were most gravelie and eloquentlie
delivered, so did they yeeld a rare and extraordinarie commenda-
tioun to the countrie of Scotland ; the grave and ancient nobilitie,
the wise counsell of estat, the learned judges, and the most tender
regarde in all their actiouns to his ..Majestic, wherof, as everie man
IGOS. OF THE KIRK OF SCOTLAND. 815
did consider the end, so they ought no small obligatioun to them
for their exceedino: kindenesse."
" COPIE OF THE SPEECHE WHICH I SPAKE INDEID TO THE COUN-
SELL AETER THE THREE HARANGUES BEFORE AVRITTIN.
"My very Honourable Lords, — I find true this day in ex-
perience that Avhich I have oft read and heard, that no exceeding
joy nor exceeding sorrow can be caried but with silence. ' Leves
tree loquuntur^ (sayeth the tragick,) ' nugentes stupent.^ For this
it is, that heavie greefe and unspeekable sorrow of my heart and
soule for my haynous offence, committed against my most gracious
soverane, and his Majestie's displeasure that he has most justlie
conceaved against me, makes me that I have no words wherewith
I can expresse the same. For when I looke unto his Majestie's
innumerable favours bestowed upon me, having raised my fortunes
(most miserable and unworthie wretche) farre above my merit,
and my foule abuse of his Majestie's trust, which has brought this
false imputatioun upon his Majestie's unspotted innocence, I thinke
there is nothing in me sufficient to amend the same. And there-
fore I find no other end of my sorrow, but with the forlorne, to say
to his most sacred Majestic, Peccavi in caelum et in terram ; my of-
fence is so great that it cannot be pardouned, I am not worthie
to be reckonned anie more amongst his creatures or subjects. I
have sincerelie confessed the veritie of the fact in all the circum-
stances, not for obedience, or to liberat his Majestic, as some would
falselie give out ; but for the truthe's sake, and that his Majestie's
innocencie may be knowne to all the world. (These words added
at the Erie of Dumbar's suggestioun to please his Majestic : ' But,
alace ! what unhappie man was I, that my devilish afiectioun and
erroneous course sould have led me to anie thing, sould have of-
fended my most gracious soveran?') Might not his Majestie's
rare pietie, singular wisdome, and unspotted sinceritie in all his
actiouns, wherof I had so long experience, have taught me, that
when he was unwilling, and did refuse suche a crooked worldlie
816 calderwood's historie 1608.
course, the event of it could not prove but unhappie ? Therefore,
since his Majestie's soule is free of it, lett no part of the staine ly
upon his Majestie's honour. But if his Majestic cannot be other-
wise liberated of the false imputatioun brought upon his Majestic
by that devilish letter, nalher lett my life, estat, nor credit be
spaired ; but as I have all by his Majestie's favour, so lett all goe,
to the last drop of my blood, before that anie reproache for my
most hay nous offence be brought upon his most innocent Majestic.
But my miserie of all is the greater, that it behoved me offend even
in that point wherin his Majestie has ever beene most tender, his
conscience, which for a thowsand kingdoms he would not hurt, and
his reputatioun of sincere dealing, which has made him famous
through all the world. In all these things, his Majestie's extra-
ordinar deliverances miraculouslie wrought by God, for no cans so
muche as for his Majestie's incomparable sinceritie of heart to God,
and just dealing to all the world. My Lords, it sail not be necessar
totransmitt my confessioun to Scotland, nor to remitt my judgement
and tryell there, since for my offence and his Majestie's displeasure
conceaved therupon, I have absolutelie committed me in his Ma-
jestie's royall will. I rather my life and all were taikin, before I
Bould ly anie longer under this unsupportable burthein of his Ma-
jestie's heavie displeasure. Therefore, my humble sute unto your
Lordships is, that ye will, in commisseratioun of my estate, move
his Majestie to be pleased to looke upon my confessioun, accept
my becomming in will, and without delay declare what ought to
be done for reparatioun of his Majestie's honour, which is tuiched
by my most haynous offence; which, with all reverence and
humilitie, even with the last drop of my blood, I Avill obey and
performe.
" The Bishop of Glasgow, I thinke, with the counsell of the Erie
of Wigtoun, despaired before my comming to court that the letter
to the Pope sould doe me anie harme, thinking ather that I sould
have denied it, or that it was of so small consequence as it could
import no cryme. They had invented against me some interroga-
tours, whex'upon the king sould have examined me anent the pow-
1608. OF THE KIRK OF SCOTLAND. 817
der treasoun, which were keeped closse from me till immediatlie
before my comming away. Then they were brought to me by my
honest trust freind Sir Alexander Hay, never letting me know of
them, albeit they had beene in his hands three moneths before.
The just copie I have enclosed herewith, and my answeres. They
are als frivolous as they are false. Alwise, I will my freinds may
see what has beene the malicious curiositie of my enemeis to my
disgrace. I suspect the Bishop of Glasgow, the Erie of Wigtoun,
and Sir Alexander Hay, and whatsoever the Erie of Wigtoun knew,
was not keej^ed from Kilsyth.
" In a proclamatioun made at Westminster, the 22d of Februar
1603, which is imprinted, there isconteaned these words, in specking
of forraine princes : ' Among which forraine powers, although we
acknoAvledge ourselves personallie so muche beholdin to the now
Bishop of Home for his kinde oflSces and privat temporal! cariage
toward us in manie things, as we sail be ever readie to requite the
same toward him as Bishop of Rome, in state and conditioun of
a secular prince, yitt,' etc. Confer this proclamatioun with his
Majestie's first speeche in the Parliament-hous, which is also
printed, wherin he acknowledgeth his particular obligatioun to Pope
Clement, whereby it may be presumed, as maters then were,
what great discontentment it could have beene to his Majestic to
write a letter to him, lyke as manie other negotiatiouns which his
Majestic had with him are more nor notoriouslie knowne."
THE SUMME OF THE DECLARATIOUN, SUBSCRIBED
18 NOVEMBRIS 1608.
" That at my first examinatioun, I did deny, extenuat, and trans-
ferre the knowledge of that letter. Therefore I did confesse that
at the solistatioun of the Bishop of Glasgow, who was his Majes-
tie's ambassader, and the Bishop of Vaizon, I laboured to have a
correspondence betuixt his Majestic and the Pope. I moved his
Majestic in it, and found him unwilling. Therafter I conspired
with Sir Edward Drummond to gett a letter under his Majestie's
VOL. VL 3 F
818 calderwood's historie 1608.
hand to the Pope ; that Sir Edward drew up the letter ; I saw the
draught of it and corrected it ; that one day in the morning, when
his Majestic past to hunting, I brought him a number of letters to
be signed in favours of the Bishop of Vaizon, to the Dukes of
Savoy, Florence, and some ardinalls, amongst the which letters I
shifted in that letter to the Pope, having no superscriptioun in the
beginning nor above his Majestie's name, and so gott his Majestie's
name to it without his knowledge. That the letter conteanned no-
thing but thankes to the Pope for his bygane kindenesse, and desire
of continuance ; that he would be pleased to advance the Bishop of
Vaizon to a cardinalli that his Majestic might have more intelli-
gence of his effaires at that court ; that the letters to the Pope
were writtin in Roman letters ; I directed Sir Edward to write the
Pope's stiles in the beginning and in the end, * Sanctitas et Filius ;'
that the said letter was cashetted at my command by one of my
servants who keeped the cashett. That in the late queen's tyme,
some expostulatioun being made by her ambassader anent the said
letter, I did deny it, and caused Sir Edward, being come home,
justifie my denyall, and that he had caried no suche letter, being
examined therupon by some of the counsell : that he being com-
mitted in waird, I laboured for him, and procured his releefe : that
I dealt earnestlie with him to returne the principall letter, who
promised to doe so."
SECRETAR ELPHINSTOUN SENT BACKE TO SCOTLAND.
The president was sent backe to Scotland as a prisoner, with a
guard attending upon him, to be farther tryed. When he came
to Newcastell, he sent the Laird of Pitlowie to informe Mr James
MelvUl how he was dealt with for standing to the freedom of our
countrie, and crossing of the bishops and their proceedings ; and
desired Mr James to write to the good brethrein at home, to in-
forme them. Mr James heard all, and wrote home as he thought
meete himself. When he came out of Newcastell, it was marked
that he shed teares, which was a verie base thing in him. At Ber-
1608. OF THE KIRK OF SCOTLAND. 819
wick he was heard to utter these words, " I wishe I had beene
made a sheepkeeper when I was made a scholler."
CHANCELLER SETON, PROVEIST OF EDINBURGH, CHANGED.
In the meane tyme, the king was muche offended with the toun
of Edinburgh for choosing of Chanceller Setoun to be their proveist,
and continuing him in that office, which he had keeped diverse
yeeres before, howbeit the king had writtin to the counsell of the
toun to elect their proveist and bailliffes of their owne nighbours,
trafficquers, for the better preserving of their owne liberteis, con-
forme to the act of Parliament, and that as they would auswere
upon their perrell. Wherupon the bailliffes and counsell of Edin-
burgh, to pacific the king, elected Sir Johne Arnot, one of their
fellow burgesses, treasurer-deput under the Erie of Dumbar, and
his speciall favourite, upon the 15th of November, to be their pro-
veist, notwithstanding of the former electioun, but with the chan-
celler's good will and consent. Sir Johne Arnot accepted the office
in presence of the chanceUer. The chanceller dimitted, after he
had beene proveist for the space of nyne yeeres. Therafter the
toun of Edinburgh sent up to court William Rig and James Nisbit
to pacific his Majestic.
AN EARTHQUAKE.
Upon the 8th of November, there was an earthquake at nyne
houres at night, sensible eneugh at St Andrewes, Cowper, Edin-
burgh, Glasgow, Dundie, but more sensible at Dumbartane ; for
there the people were so affrayed, that they ranne to the kirk, to-
gether with their minister, to cry to God, for they looked presentlie
for destructioun. It was thought that the extraordinar dreuth in
the sommer and winter before was the cans of it.
820 calderwood's historie 1608.
MR A. MELVILL INDUCED TO A SLIGHT ACKNOWLEDGEMENT OP A
FAULT.
When Mr William Cowper was at court, the king sent him to
the Towre, to deale with Mr Andrew Melvill ; but having effectu-
ated little, left the mater to the Bishop of Glasgow, Mr Johne
Spottiswod. The bishop insisted with him, and obteaned a forme
of acknowledgement of some offence in his behaviour, which Wil-
liam Rig and James Nisbit, commissioners from the toun of Edin-
burgh, sent, to satisfie his Majestic, incensed against the toun,
delivered to Mr James MelviU at their returne as they came by
Newcastell, together with some other writts or letters sent from
Mr Andrew.
The first conteaned these words : — " I have sent you a copie of
my submissioun, which Glasgow, your scholler, has taikin with him
to the king, for this archbishop has beene three or foure tymes with
me ; shewing, that the church laments my absence, and of his
earnest desire to have me at home, Sed non ego credulus illis ; and
how that Dumbar must have the honour of my deliverance, as yee
may conjecture all the rest what saU ensue. Ego in utrumque para-
tus aut manere, aut redire, aut ahire in exilium, Dei gratia fretus. I
am Weill in bodie and in soule, I thanke God, resolved in the Lord.
Lett me know of your weelefare, and news ather historicall or con-
jecturall, if not propheticall. God be with you."
The secund had the submissioun thus : —
" Artaxerxes cognomento memoriosus in veterem Judaeorum
ecclesiam, ab exilio reducem. Persarum monarcha beneficintissi-
mus legem de cultu divino et religione moderanda sanxit divinitus,
in hfec verba ; Quicquid est de sententia Dei coelestis perficitor,
diligenter in domo, Dei coelestis, ut non sit fervens ira in regnum,
regem, et filios ejus. Hanc ego legem, cum similibus sacrae scriptu-
rse locis non negligentissime comparatam, multo antiquam Angliam
hac vice cogetassem saspe mecum, et diu, multumque, pro numeris
mihi divinitus mandati ratione meditatus, tertio ab hinc anno Sep-
1608. OF THE KIEK OF SCOTLAND. 821
tembri mense, vergente in ^de Hamptoniana jussus sacris interesse
tarn spectator quam auditor insolens, pro re nata carmen breve et
dramaticum, regias majestati (invocata numine) recitandum feci.
Cujus exemplum inscio me descriptum et depravatum, et mutilum
postea, Novembri praecipite, mihi coram amplissimo senatu criminis
loco objectum, et anni insequentis, adulto verae demo exacebatum
fuit. In hac causa dicenda sine fuco et fallaciis, more majorum,
et meis versiculis a criminis atrocitate cujus affinis, non essem libere
vindicandis, si quid mihi tam necessario tempore meo minus decore,
pro hujus gentis indole et regni moribus respondenti, humanitus
excidit, quod quenquam mortalium jure offenderit, necdum senatum
amplissimum; et ejus ego sive erroris, sive rusticitatis, pcenara
biennali carcere adhuc luo ita veniam supplex senatus, singulari
agquanimitate etam, atque etiam peto."
The thrid had these verses, whereby one may see how muche he
has thought of the submissioun : —
" Regia vox, et rege pro dignissima lex haec,
Quam dedit ad Solymas Persa Monarcha : Memor
Coelestis quaecunque Dei mens atque voluntas,
Coelestis fiat sedulo in £ede Dei.
Fervida succensis ne ferviat ignibus ira,
In regnum, in regem, regiam, et in sobolem,
Carmenis hasc casta ava mei ausa, haec criminis, arx hsec,
Carceris banc propter sors mihi dura pati.
Dura biennalis patientia carcere in arcto,
Hosti baud grata magis quam gravis est patrije.
Si quid in hac causa divina humanitatis ore
Excidit errorem, deprecor ore humili ;
Errare humanum est, errori ignoscere vestrum est ;
Deleat errores aequa litura moes."
The fourth boore this : —
" Carmen integrum, quod inchoatum, et inscio me descriptum et
822 calderwood's historie 1608.
depravatum mihi, coram senatu R. bis objectum fiiit, anno 1606,
et 1607.
" Cur stant clausi Anglls llbri duo regia in ara ?
Lumina caeca duo pollubra sicca duo ?
Num sensum cultumque Dei tenit Anglia clausum,
Lumine cjeca suo, sorde sepulta sua ?
Romano an ritu regalem dum instruit aram,
Purpuream pingit relligiosa lupam ?
Excussit cervice jugam meritricis, et ore
Sub roseo mordet, regia frcena jugo.
Ara fuit, nunc mensa manet, qua? victima ad aram
Cffisa, semel mensje, ssepe epulanda venit."
THE CONVENTIOUN APPOINTED TO BE HOLDIN IN NOVEMBER
DELAYED TILL DECEMBER.
The meeting of the commissioners appointed by the last As-
semblie holdin at Linhthquo, to be keeped the le5th of November,
"was delayed till the 6th of December, by a charge from the king,
which heere foUoweth : —
" James, by the grace of God King of Great Britane, France,
and Ireland, Defender of the Faith : To our lovits, etc., messin-
gers, our shirefFs in that part, conjunctlie and severallie, speciallie
constituted, greeting : Forasrauche as although the first advertise-
ment of the godlie forwardnesse and zeale kythed by these of our
nobilitie, clergie, and other estats of this our kingdom, conveened
latelie in a Generall Assemblie, at our burgh of Linlithquo, did
give unto us no small cans of joy and contentment, that there
sould be so great a number of weill affected and disposed people in
religioun within our said kingdom in these dayes, when blindnesse
and ignorance have taikin so great hold in forrane parts ; yitt,
since that first advertisement, we are so muche the more satisfied
and contented with their whole proceedings, being certified of the
same at lenth by our owne commissioner, who was present all
1608. OF THE KIRK OF SCOTLAND. 823
the tyme therof, and by repaire hither of some commissioners
selected out of everie estat, and directed by the said Assemblie to
be humble suters unto us, for the allowance of certane maters
moved amongst them. Upon the first hearing of which proposi-
tiouns, we having cleerclie discovered the true difference betuixt
the lawfull and unlawfull meetings, and the good fruicts that weill
licensed and lawfullie conveened Assembleis will produce, con-
curring together in a continued harmonic, to advert the commoun
enemie, and to deliberat upon suche maters whereby his growth
and increasse may be stayed ; and that suche in whom errours are
so farre rootted as there is no hope of reclaiming, may be ather
utterlie suppressed, or at least brought to that cace, that they need
not to be in anie sort feared or regarded ; and not according to
some late prooffe of unlawfull conventicles, who, upon a haire-
brained follie, do preasse to raise a schisme in the church, and by
divisioun doe give that advantage to the enemie, that their un-
tymous concurring afterward together will hardlie gett remedeid :
And as love is the maine point of all religioun, so, the tokins of a
generall uniformitie amongst the cleargie and other estats there
conveened, uttered by them before the dissolving of their Assem-
blie, did testifie]to the world, with what true sinceritie and affectioun
of heart that whole meeting was. Wherin their proceeding by
excommunicatioun of one of the great subjects of this land, did
therewith shew the small regarde they have to offend anie that are
of contrarie professioun ; which, as we cannot but commend verie
muche in them, so, since the Almightie God hath beene pleased to
committ the patrocinie of this church in our dominiouns to our care
and protectioun, as his lieutenant heere on earth, and nurish father
of the same, we intend no way to be defective therin, but to assist
all the lawfull proceedings of that church, als weill in advancing
the Gospell, as in repressing contrarie professours. And having
considered the petitions brought unto us by these commissioners
sent from the said Assemblie, as we doe verie weill allow of the
same, so, for the better encouraging of these who have had this
turne in hand, of whom we hold everie one in their owne degree to
824 calderwood's historie 1608.
have deserved our speciall thankes, and to affray all suche who
darre kythe themselves of a contrarie faith, it being certified unto
us, that at the dissolving of the said Assemblie, certane of everie
estat were appointed to meete at Edinburgh the 15th day of No-
vember nixt, to attend the commissioners' returne, and to under-
stand from them our acceptatioun of the propositiouns brought
thither with them ; and we being willing not onlie to declare our
allowance of the same, but further, to authorize and countenance
the same with our royall authoritie and power, have therefore
thought meete to appoint a conventioun of our estats of this our
kingdom, the sixt day of December nixt, against which tyme, we
doe intend to send doun thither our particular pleasure and will,
concerning all these petitiouns preferred by the said commissioners
unto us.
" Our will is heerefore, and we charge you straitlie and com-
mand, that incontinent these our letters scene, yee passe to the
mercat-croces of our burrows of Edinburgh, Perth, Stirline, Glas-
gow, Dundie, Aberdeen, Elgin, Dumfreis, and other places need-
full, and there, in our name and authoritie, by opin proclamatiouns,
make intimatioun to all suche who expect for the returne of our
answere at the said 15th day of November, that they repaire to
our said burgh of Edinburgh, the said sixt day of December nixt ;
where we intend not onlie a good, plausible, and acceptable an-
swere, delivered for the true confort of all good professors, but that
some suche farther courses also sail be concluded upon by our
estats to be at that tyme conveened, as may most availe for the
prosecuting of * * * * may both represse the commoun
enemie, and that in this happie unioun of the church of that our
kingdom, God his glorie may be advanced, and true religioun pro-
fessed.
" Givin at our Honnour of Hamptoun Court, the secund of
October, and of our raigne the sixt and 42 yeeres, 1608.
^' Per Regem:'
1608. or THE KIRK OF SCOTLAND. 825
SECEETAR ELPHINSTOUN WAIRDED IN FALKLAND.
About the beojlnning of December, the secretar, Sir James
Elphmstoun, President of the Colledge of Justice, came to Ber-
wick, accompanied by the English guarde, and some of the Erie
of Dumbar's servants. He was receaved by the captan of the
Scotish guarde. Sir David Murrey, Lord Skoone, late comptroller,
accompanied with the Scotish guarde, and some of his freinds, and
was convoyed to waird to Falkland. The maner of his parting
from Londoun to this countrie he has sett doun himself as heere
followeth, continuing his former relatioun : —
" Order heerafter being taikin about my returning, my Lord of
Dumbar sent James Bailzie, to shew me that there were some of
the guarde, onlle for a shew, appointed to attend me ; desiring I
would not take it in evill part, they would ryde with their coats
till they were past Eoystoun, where his Majestic was, and from
that as other privat servants. He sent me word diverse tymes,
that he would meete with me ; but whUe the Erie of Wigtoun
and the bishops were gone, he could not for suspicioun. So the
verie day they parted, in the morning at ten houres, his lordship
came to my hous, although I had offered to make the travell ; but
becaus I was under commandement, it could not be. All this
tyme, I was attended by two of his gentlemen, who used me verie
kindelie ; the one was Alexander Auchinmowtie, brother to Johne
Auchinmowtie, the other, James Carmichael, sonne to Watt Car-
michael of the Parke, to whom I wishe my freinds, or to anie of
theirs, to be thankefull. At our meeting, I renewed to him what
had past betuixt my Lord Burlie and me ; my particular offers for
assurance of his lordship's freindship ; what I did expect mutuaUie
of him, as the Lord Burlie had promised in his name. All which
he was weUl pleased with, and how soone my trouble was ended,
which sould be upon his comming in the countrie, he would enter
in the due performance of everie particular, and would establishe
suche an allyance with me as sould not be dissevered. I com-
826 calderwood's historie 1608.
pleanned that my waird was altered, becaus he had promised, that
I sould remaine in the Castell of St Andrewes. He excused the
estat of the hous, and that he had als great credit in Falkland as
in St Andrewes. Nixt, that the Lord of Skoon's warrant was so
strait. His answere was, that it was onlie done for the fashioun ;
that the bishops and Sir Alexander Hay procured it, but he would
desire the Lord Skoon, by James Bailzie, to use me weill. He
desired me to keepe all secreit, and as he was a Christian, everie
thing sould be performed with no lesse care than I were his owne
brother, or his two daughters. He willed me not to be suspicious
of anie his actiouns, because it behoved him to follow the king's
humour, please the bishops, and others that were my unfreinds, in
outward shewes, that he might the more easilie worke my turne to
my contentment. I thinke that he entered in a speciall freindship
with my Ladie Drummond, and gave her that assurance of my
life, estat, Hopar's office, that he gave to the Lord Burlie."
SIR A. DRUMMOND ADMITTED LORD OE THE SESSIOUN.
There being an ordinarie place of the Sessioun vacant, the same
was eamestlie sought by Sir Alexander Drummond, neere cousin
to the President, Sir James Elphinstoun. By his moyen, he ob-
teaned a presentatioun from the king to the lords before his trouble.
But he was crossed by the bishops, alledging an act made at the
last conventioun holdin at Linlithquo, to witt, that no person sus-
pected of religioun sould be preferred to anie place in Counsell or
Sessioun, so that it behoved him to compeere before the commis-
sioners of the Generall Assemblie, viz., the bishops, and some other
ministers of their minde, to purge himself of papistrie. But they
refused to give him their testimoniall that there was no caus of
suspicioun, yea, wrote to court, ather to the king himself or to the
Erie of Dumbar, that he was not sound in religioun. Yitt not
long after, without their consent, the said Sir Alexander Drum-
mond was admitted, swome, and receaved as an ordinar Lord
of the Sessioun, by his Majestie's owne directioun. So all the
1608. OF THE KIRK OF SCOTLAND. 827
bussinesse that was made against Papists was but counterfooted,
to wipe away the slanders or imputatiouns layed upon the king by
Bellermine in his Matthseus Tortus, and to grace the bishops as if
they were enemeis to Papists, when as in truthe they were ene-
meis onlie to the secretar, becaus he crossed their proceedings, and
to Sir Alexander Drummond, becaus he was his cousin.
END OF THE SIXTH VOLUME.
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